Abstract
Linguistically, Ta’azeer means deterrence and prevention while, conventionally, means chastisement in every sin that has no established punishment or expiation. Linguistically, imprisonment means prevention while, conventionally, means obstructing a person and preventing him from acting on his own. It is divided into imprisonment as punishment and invocation, as well as its causes, duration and means. Ta’azee by imprisonment is a punishment for every sin that has no punishment or expiation by impeding the person. For the judicial application, two issues are considered, namely imprisonment in Ta’azeer which should be less than imprisonment of punishment, and conditions of Ta’zeer imprisonment which differ from an established punishment. Unlike Ta’azeer imprisonment, the punishment is applied without a claim needed from anyone and cannot be waived. Ta’azeer imprisonment in a confined space is more likely, and with no specified limits. It is at the discretion of the ruler. The Saudi regulator took all means of imprisonment and agreed on those who said that imprisonment should be specified. It did not consider repentance as a specific criterion to end a prison term; nevertheless, it considered ending Ta’azeer punishment when repentance was achieved based on specific conditions and controls. That is, there is no Ta’azeer imprisonment until death.
Recommended Citation
Khalid Al-Tuwaijri, Faisal
(2023)
"Ta'azeer by Imprisonment: its Reality and Ruling An Applied Jurisprudence Study on the System of Combating Terrorism Crimes in the Kingdom of Saudi Arabia,"
Journal of Imam Abdulrahman Bin Faisal for Humanities and Educational Sciences: Vol. 1:
Iss.
2, Article 2.
Available at:
https://jiauhes.researchcommons.org/journal/vol1/iss2/2