Abstract

Though Islamic penal law has been made the object of many studies, hardly any of these studies has taken as its specific object the question of the justification of punishment. It will be shown that Islamic thinkers have conceived this justification as to be primarily preventive in nature - general prevention. But it will also be shown that these thinkers have insisted on the fact that there are alternatives to punishment and that the victim should sometimes rest content with a reparation. In this contribution I will consider the views of theologians as well as those of philosophers and I will also distinguish between divine and human punishments.