Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here


Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The philosophy of punishment within Islamic international criminal law, like the system of international criminal law, has gone through many criticisms and evaluations by many writers. The historical period under which Islamic law was presented was not united and required the temporary imposition of punishment. An essential basic philosophy behind the law of punishment was to encourage human rights and human values and also decrease their violations. Punishment had also a deterrent philosophy and retributive character. The philosophy of punishment under Islamic criminal justice may, therefore, be of a preventive nature. Punishment may also have the purpose of the elimination of the commission of certain criminal behaviour. Punishment may also have the purpose of reparation, compensation, reimbursement, return and reward. Due to the growing development of international criminal law, there is a strong tendency in Islamic justice and international criminal justice to abolish severe penalties.

Keywords: deterrent philosophy; Islamic international criminal law; punishment



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation