[ms] Prevention Theory as a Justification Punishment: A Comparative Analysis Between Civil and Islamic Legislation

Abstract

Every sentence disposed or ordered by court has its own justification. One of the most controversial justifications in the modern criminal justice system is deterrence theory. This article aims to analyse the deterrence theory as a justification in sentencing and discusses it comparatively in the light of civil and Islamic legal theory. Aspects that analysed are theoretical framework, types and elements that constructed the deterrent theory. This research found that both legal systems, civil and Islamic law, offer vast similarities in theoretical aspect. This research is significant as it potrays that all sentences in the Islamic law are validly justified, similar to the civil law, even though critics argued that they are cruel and barbaric.