Reducing the Criminal Population of Women's Prisons with an Approach to Strengthening the Family (Wifehood and Motherhood)

Abstract

Examining the criminal laws shows Islam's interest in the minimal use of imprisonment. According to the rules governing Islamic criminal laws, such as the rule of "At-Ta'zīr Bi Mā Yarāh Al-Ḥākim "[1] are changeable discretionary rules. Some limited imprisonments, such as the punishment for drinking alcohol, which are not part of God's commandments, are also like this. It can be claimed that the design of Islamic penal laws is generally aimed at removing the punishment of imprisonment from women. But it is not possible to find its jurisprudential basis explicitly. Rather, it can be found through a search from the heart of other laws, such as the replacement of imprisonment in the execution of natural apostate women, women's composition facilities, which can be considered as a basis for the complete elimination of women's imprisonment. The current research has been compiled in an analytical and descriptive way in order to achieve this basis. It tries to express the necessary information in this field by relying on the principle of family strength, and the rules mentioned in this field, such as socializing in a good way, adhering to a thick covenant as preventive measures against women's delinquency. It is worth mentioning that women, having special characteristics, play a fundamental role in providing the main goals of Shari’a. The goals that can be summed up by the acknowledgment of famous Sunni jurists and the confirmation of Imāmīyyah jurists in the five main axes of preservation of self, generation, intellect, religion and wealth and they are mostly possible in the shadow of forming and protecting family and preserving mother's dignity. Therefore, it seems that in many female criminals, the main reason for committing crimes is the feeling of failure in the field of marriage and motherhood, and the most important reason for this claim is the increase in the number of single criminals.