التعزير والعقوبة بالهجر في الشريعة الاسلامية

Abstract

Islam has legislated the penalty system so that crimes would decrease and people live in peace. Some of these penalties are directed towards the body such as looting, adultery an so on, and some have psychological implications such as reproach, desertion, boycott and rebuke. The second type of rebuke penalties is determined by the judge who decides on what he considers as an act of reprove and discipline of the criminal, disobedient or peevish. Those who are sentenced by boycott and desertion are those who make heresy or go astray and/ or try to disseminate it, those who commit sins and overtly expose them yet don’t accept advice or guidance and those who do not accomplish a religions duty. Rebuke penalty differs according to the status of the people and the type, size and amount of the sin. In Islam, rebuke is not meant to torture, damage or violate the humanitarian aspect of people, but it is meant to reform and discipline. Thus, rebuke by desertion has been more effective and swifter in discipline than many other judicial penalties when applied or when conditions for its application are prepared. This is so true as its authentication is emphasized in the holy Quran and sunna to protect the community from forsaking and the prevalence of sins, heresy and to go astray among Muslims.