The Privacy of Women in Islamic Penal Law: Practical Issues

Abstract

Objectives: The research aims to demonstrate the philosophy of Islamic legislation in dealing with women in a special and exceptional way in the penal system. Additionally, it aims to offer a deep understanding of their nature and compassion, and how to contain them with compassion even when they are criminals, and deserve the most severe punishments. Methods: The research methodology was based on combining the inductive and analytical approaches by tracking and extrapolating issues and Fiqh opinions related to the Islamic penal system, analyzing and presenting them in a way that highlights the specificity of women in this divine system. Results: The research found several results that the Islamic penal system has treated women with mercy and compassion in a way that demonstrates a deep understanding of their physical and psychological nature. The legislation is keen to reduce the burden of costs, responsibilities, and obligations for her, and in advocating for her in all circumstances and ages since she was a child, and in the view of care, protection, and containment for her even after she committed a felony and deserved punishment. Conclusions: Taking care to address issues that embody the privacy of women in Islam in an abstract and completely objective manner so that sufficient community awareness is achieved regarding understanding the essence of these issues and their real dimensions.