The Reluctance of Islamic Criminal Jurisprudence Toward Imprisonment as a Punishment

A Comparative Study between Imami Jurisprudence and the Iraqi Penal Code

Abstract

Submission date: 23/10/2025

Acceptance date: 6/11/2025

Publication date: 30/12/2025

In our present time، nearly all nations of the world suffer from the problem of prisons. Imprisonment has been adopted by modern laws as a punishment intended to deter criminals، achieve justice، and protect societies. However، upon closer examination، it becomes evident that this punishment fails to achieve its intended objectives. Crime rates continue to rise rather than decline، and the harm caused by imprisonment extends beyond the convicted individual to include the family، society، and even the state—economically، socially، and in terms of public health.

 A closer look at the punishment system in Islamic Sharia، especially within Imami jurisprudence، shows that imprisonment is a last resort and is used only in specific cases. Instead، Sharia offers alternative methods that maintain social order، protect rights، and discipline offenders while reducing the chance they will repeat their crimes، causing minimal harm to their families and avoiding economic damage to the nation، the family، or even the offender.

              This study seeks to present the instances of imprisonment in Imami jurisprudence alongside those in the Iraqi Penal Code، highlighting the significant findings before legal scholars and legislators. The research aims to draw attention to the dangers and harms of imprisonment، particularly as the country moves toward drafting a new penal code aligned with its political transformation and the 2005 Constitution، which established a democratic system that respects the majority and guarantees freedom of belief.