Legal Punishments, their Role in Achieving Social Justice

The legislative system in Islam is characterized by multiple characteristics, the most important of which is achieving justice in society. The punitive system in Islam is considered an integral part of this legislative system. Therefore, implementing this system will inevitably lead to the establishment of justice, security and safety in Islamic society.

The bases that govern all systems in Islam,
including the punitive system, are characterized by three qualities: mercy, dignity,
and justice. These characteristics reflect the extent of Islamic law’s commitment
to implementing social justice, through the application of this system. Hence,
knowing the philosophy of legislating the punitive system, through the Qur’an
and the Sunnah, is considered a necessary and important matter for knowing
the humanity and justice of Islamic legislation, by clarifying the main objectives
of the limits (hudud), retaliation, and discretionary system.
This research shows that Islam has provided a role model in the field of punitive
law, by legislating an integrated system in the field of preventive and remedial
measures, to eradicate crime from its roots, rehabilitate individuals and purify
society. Accordingly, contemporary societies can benefit from this just criminal
system, so that it becomes a source of inspiration for positive legislator.