Exploring Islamic Injunctions on Remission of Sentences
Open accessAbstract
The most significant and all-encompassing purpose of punishments in Islamic law is to make the offender repent and mend his ways. For this purpose, Islamic law provides various provisions both at the preconviction as well as post-conviction stages. With qualitative research methodology and Islamic injunctions, this research aims to examine, at the pre-conviction stage, provisions about repentance and expiation on the part of the offender, suspension of punishment in case of voluntary surrender, probation after repentance and surrender and payment of compensation to the victims of the offence. At the post-arrest and conviction stage, Islamic law provides various relaxations and creates space for repentance and reform, which include obliteration of the punishments of apostasy and blasphemy, considering denial by the accused of the commission of the offence, obliteration of the hudud and qisas punishments, and obliteration of the siyasah punishments.
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The effectiveness of the non-punitive approach is contingent upon the availability of trained counsellors, adequate facilities, and follow-up support.
“However, the effectiveness of this approach is contingent upon the availability of trained counsellors, adequate facilities and follow-up support (Tabassum et al., 2020).”
From APOSTASY PUNISHMENT IN ISLAMIC SCHOLARLY DISCOURSE: PERSPECTIVES AND IMPLICATIONS IN THE MALAYSIAN CONTEXT (2025) · cites this paper as Tabassum et al., 2020
The Abstract and Introduction discuss remission, repentance, and opportunities for rehabilitation, but do not assess what makes a non-punitive approach effective. Searches for counsellors, facilities, and follow-up support found no passage making the claimed resource-dependent point. (LLM, conf=0.76)
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Musa, R., Razali, K., Mohamad Fakhrulrozi, A. S., Ali, M. S., Zulkifli, M. F., & Mohammad Nasir, N. S. (2025) · Malaysian Journal of Syariah and Law · doi:10.33102/mjsl.vol13no3.755
- Authors
- Tabassum, S., Munir, B., & Wattoo, O. M.
- Affiliations
- International Islamic University, Islamabad (PK)
- University of the Punjab (PK)
- Venue
- Global Legal Studies Review
- Publisher
- Humanity Only - HO
- Published
- 2020-12-30
- Volume
- V
- Issue
- IV
- Pages
- 1-9
- ISSN
- 2708-2458 (ISSN-L)
- 2708-2466
- OpenAlex
- W3124389824
- Cited by
- 1
- References
- 0
- Citations by year
- 2026: 1
- FWCI
- 0.00
- Type
- journal article
- Language
- en
- Open access
- diamond
- doi.org
- Licence
- Locations
- Global Legal Studies Review (publishedVersion, cc-by-nc)
- Topics
- Social Sciences › Education › Qur’anic Interpretation Studies
- Social Sciences › Sociology and Political Science › Criminal Law and Policy
- Social Sciences › Law › Legal and Policy Analysis in Indonesia
- Keywords
- remission of sentence, Islamic criminal law, repentance, expiation, hudud, qisas, siyasah, apostasy, blasphemy, voluntary surrender
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