The Governmental Approach Affects Jurisprudence in Islamic Punishments

Abstract

This research has investigated the effect of the governmental approach to jurisprudence in Islamic punishments. In this approach, the execution of rulings in the government system is considered as the governing body of the society, that is, the ability to execute orders in a government system is regarded as an important indicator, in contrast to the individual approach in jurisprudence, which only tries to enforce the orders and infer the individual's duties. This approach has wide effects on jurisprudence, including criminal jurisprudence. This approach makes jurisprudence sources expand, and elements such as expediency and jurisprudence justice are included in the sources. Islamic punishments should be able to be changed according to the higher interests of the Islamic system and jurisprudential justice. Contrary to the common division in traditional jurisprudence, the theory that claims all Islamic punishments are Ta’zir is strengthened; as a result, the problems, that exist in the Islamic Penal Code regarding punishments, are solved.