العقوبات المالية في الفقه الجنائي الإسلامي : دراسة تحليلية مقارنة مع قانون الجزاء العماني

Abstract

This study discussed the compoundable penalty in Islamic Criminal Law by mentioning the view of scholars and the evidence of every party. The study also dealt with every compoundable penalty in an analytical approach. Furthermore, the study also discussed the said penalty in the Omani Criminal Law and made a comparative study between it and the Islamic Law. The study aimed to elaborate the perspective of the Islamic Law on the subject which is under implementation nowadays. It gave special discussion to the compoundable penalties by the judge such as fine, destruction of money, confiscation, guarantee, and restrictions. The study followed an inductive analytical approach to analyze the opinions of jurists and their evidences and discussing the opinions of every party in depth. Moreover, the researcher followed an inductive analytical approach to analyze the content of the Act of the Omani Criminal Law in order to analyse it. The study discovered the following results. This is based on the methodology and the rules of the Tradition of the Prophet (SAW) and the weaknesses of the evidences of scholars derived on the issue. However, the study found that other types of compoundable penalties such as destruction of money, confiscation, guarantee, and restrictions are legal. These punishments are also found in the Omani criminal Law with the only exception of the destruction of money since no provision discussed it implicitly or explicitly. Finally, the researcher arrived to some recommendations such as calling upon jurists who adopt the opinion of the legality of the fine to review their evidences. It is also the recommendation to the Legislative Body in Oman to review this issue. Moreover, the researcher suggested for a new Act which states that the money of the criminal that is utilized in the crime or vices activity such as drugs or other things should be destroyed. Finally, the researcher requested that the diyyah (blood-money) that is under the implementation now in Oman to be in agreement with the Islamic Law.