الغرامات الجنائية المالية – دراسة موازنة بين الفقه والقانون

Abstract

This study examines the concept of financial penalties in criminal offenses within both Islamic jurisprudence and modern legal systems, with a particular focus on the similarities and differences in applying these penalties as punitive measures. The paper consists of an introduction, two main sections, and a conclusion. The first section defines criminal offenses and financial penalties. It outlines the concept of al-jināyah (criminal offense) in Islamic law according to its juristic classifications, including offenses against al-nafs (life), al-aṭrāf (bodily limbs), and al- amwāl (property). It also clarifies the meaning of criminal offenses in modern law and their classifications, including crimes against individuals, property, and public security. Further, the section defines the al-gharāmah al-māliyya (financial penalty) as a form of punishment from both Islamic and legal perspectives and discusses the positions of the jurists (fuqahā’) regarding the imposition of such penalties and the criteria used for determining them within legal frameworks. The study then examines the Sharīʿah and statutory foundations for imposing financial penalties in cases of criminal offenses. It presents scriptural evidence from the Qur’ān and the Sunnah on the legitimacy of financial penalties, along with the views of the jurists in this regard. It also discusses forms of monetary sanctions in Islamic law such as al-diyāt (blood- money compensation) and al-taʿwīḍāt (compensatory damages). Additionally, it analyzes the legal bases upon which modern legal systems rely in prescribing financial penalties and evaluates contemporary legal arguments for their legitimacy. The research provides a comparative analysis of the application of financial penalties in Islamic jurisprudence and modern legal systems, identifying key points of convergence and divergence between the two normative models. The conclusion highlights the principal findings of the study and offers recommendations.