Home arrest in Quran, narrations and Islamic jurisprudence

Document Type : Original Article

Authors

university of Qom

Abstract
The punishment of imprisonment, which today is recognized as ineffective in the correction and rehabilitation of criminals, has been limited in Islamic criminal law from the very beginning and in special cases. Imprisonment in Islam means restricting the offender from free movement and movement, and in Islamic jurisprudence, various methods have been prescribed for this purpose. One of the methods that is recommended today and is considered as an alternative to imprisonment is house arrest. In this way, the offender is allowed, in addition to enduring his sentence, to have the opportunity for economic, educational and social activities outside the prison. The Holy Qur'an also speaks of imprisonment at home, but there is disagreement as to whether or not to abrogate it. Even if it has been abrogated, this abrogation refers to a specific crime, and therefore it is possible to use the narrations that indicate the legitimacy of such an action, especially according to Islamic jurisprudence, considering the situation of this institution in the beginning of Islam and its application in different cases. The legitimacy of such a punishment, as well as the disadvantages of its harm and corruption compared to imprisonment, can be proven. The only obstacle that can be seen in the way it is implemented is the way provided by today's laws, which in some cases may conflict with the privacy of individuals. The present article explores this issue with an analytical-descriptive method in order to examine house arrest from the perspective of Quran, hadiths and Islamic jurisprudence.