Analysis of the Jurisprudential Foundations of Financial Penalty in the Context of Tazirat (Disciplinary Measures)

Abstract

Financial fines or penalties are among the most prevalent deterrent measures against crimes and offenses in contemporary times. This issue has long been a subject of controversy among Islamic jurists. Two viewpoints, the permissibility and impermissibility of monetary fines, have been advocated by Islamic scholars. Both sides present their arguments supported by evidence. The question arises: which viewpoint, in the present time, is more effective, the permissibility or impermissibility? This article, considering this question, examines the reasons presented by both factions, the permissibility, and the prohibition, and discusses the factors causing differences in opinions. The conclusion drawn is that the permissibility of monetary fines is preferred based on relying on verses, narrations, the actions of the companions of the Prophet, analogical reasoning (Qiyas), prioritizing public interest, societal well-being, the necessity of preserving order, and it appears to be more effective as a deterrent measure compared to other forms of disciplinary measures in this era.