Ethical Foundations of Punishment in Islamic Criminal Jurisprudence

Abstract

The Islamic criminal justice system rests upon the ethical and moral principles derived from the Qur’an and Sunnah, emphasizing justice, compassion, and deterrence in maintaining social harmony. This paper explores the ethical foundations of punishment in Islamic jurisprudence, focusing on the balance between divine justice and human welfare. It analyzes the philosophical underpinnings of punishment—such as retribution (Qisas), deterrence (Hadd), and reform (Ta’zir)—and highlights their moral justification in achieving social order. The research adopts a qualitative approach based on textual and comparative analysis, concluding that Islamic law provides a comprehensive ethical framework where punishment serves both corrective and preventive functions rooted in divine wisdom and moral accountability.