Impediments to the Implementation of Criminal Penalties in Sharia and Law: A comparative study

Abstract

This research study aimed to identify the obstacles to the implementation of penal sanctions in Islamic Sharia law and Jordanian penal law, by examining these obstacles from the texts of the Quran, the Prophetic Sunnah, and the opinions of jurisprudential schools, in comparison with Jordanian penal law. The study concluded that Islamic Sharia differs from some of the legal impediments stipulated by the Jordanian legislator, although it agrees with most of these impediments, especially regarding the avoidance of punishment based on suspicion, the necessity of verifying the elements of the crime, the suspension of punishment in cases of necessity, self-defense, and forgiveness by the victim.