The Rights of Prisoners according to Islamic teachings In general, Islam considers imprisonment as a case of last resort in many circumstances, however, according to Islamic teachings there are only a few offences that would lead to imprisonment. Under non- Islamic system, of course the offender should be reprimanded, but any chastisement prescribed by Islamic teachings may only be implemented if all the relevant criteria and the preconditions prescribed are also met. If the criteria are not met, then the prescribed punishment may not be executed.

In this book the author addresses such issues as the fundamental nature of freedom, the rights of prisoner, and the harmful effects of imprisonment on the individual concerned as well as on society, and the kind of offences that would lead to imprisonment under an Islamic system. The author also cites a few cases to demonstrate the attitude the Islamic ruler should take towards offence; to try to find reasons to waive the punishments in any particular case. The author also addresses the issue of torture in general, and mental and physical ill treatment that is carried out under the guise of interrogation and extracting confession from a detainee or a suspect.

This brief work presents the teachings of Islam with respect to the rights of those when imprisoned, and shows that the teachings of Islam are designed, by the designer and maker of mankind, for the benefit of mankind wherever he may be.

Table of Contents

Foreword V

Chapter 1: Freedom – a fundamental principle 1

Chapter 2: Torture and prisons must be purged 7

TORTURE IS AN UN-ISLAMIC PHENOMENON 7

MEANS OF DISCOVERING THE TRUTH 8

EXPOSING TORTURE AND ILL TREATMENT 12

NO TO PRISONS AND DETENTION CENTRES 13

WHO IS IMPRISONED IN ISLAM 13

THE DISADVANTAGES OF PRISONS 14

Political Harm 14

Social Harm 15

Economic Harm 15

Educational Harm 16

Health Harm 16

Other harmful effects of imprisonment 16

Chapter 3: Islamic penal law – criteria for implementation 19

CRITERIA FOR EXECUTING THE PENAL LAW 23

Correctness and validity of Government 23

Circumstances of the offender and the offence 24

Validity of the offence under Islamic law 29

When can prescribed punishments be carried out? 33

Chapter 4: Rights of a prisoner 36

Prison categories 47

Traditions and customs of the new judge 48

Chapter 5: Rulings 51

Imprisonment 51

Confinement 52

Torture 53

Fasting and hunger strike 54

The rights of prisoners according to Islamic teachings