Deprivation of Social Rights in Islamic Criminal Policy

Abstract

Considering the ever-increasing of social relations complexity, the necessity of its proper organization and especially the multitude of motivations to violate the rules governing it, preventing disorder and managing the crime phenomenon require effective and fair measures. "Deprivation of social rights" is one of those measures by which, with the aim of reforming and incapacitating from committing a crime, the criminal and any person with a dangerous condition are deprived of the rights and privileges that in a law-abiding society and in Interaction with the community, people benefit from it. The question that is raised here is the place of responding to crime by deprivation of social rights in the criminal policy of Islam. The present research has investigated the issue in a library manner and using inductive and citation methods (in the realm of Islamic jurisprudence) in order to explain the nature, jurisprudential foundations, examples and effects of deprivation of social rights as one of the appropriate answer to crime and to help in achieving a healthy society free from disorder and injustice. The results of the research show that the criminal policy of Islam, in dealing effectively with delinquency, has paid attention to the punishment of deprivation of social rights in relatively wide cases, in order to prevent the occurrence of delinquency through incapacitating and reforming people with a dangerous state.