As per my knowledge, I never came across something like ‘jail’ while reading Islamic history i.e., during the life time of our Prophet Muhammad and than after in the era of our four ‘Khalifa’ r.a. that if they ever made a place like ‘jail’. What I read that if there is any case than it were solved within few minutes, verdicts were given and executed right away.
Compairing it with today’s ‘jail’, a convict get sentenced for many years and after completion of it, he return to his society but treated as not a part of society anymore b’coz of his crime. Its like a ‘life time label/title’ for him which he can’t delete/remove/vanish from his life.
Such thoughts might be excite the convict to (do again) repeat the crime as nobody will going to accept him anyways.
So what’s urs views about ‘law, punishment, its executation, duration of time’ etc., etc.,
I think in Pakistan concept of Jail has changed, its like to become part of Pakistani politics, u must at least spend 1 week in jail, after that your considered perfect politician,
and i think getting labeled affects differently on different class of people
like for politicians as i said before its ok to be in jail and nothing really matters for them, it just part of a game and i have heard they get well treated in jail, jail is like 5 star hotel for them and they get more popular or more well known but still stick to their position,
businessmen, again its all game of money power, they also have no big problem in spending few months or years out of jail, their future does not end in jail, nor they vanish from the society after returning from jail
for a normal-poor person having no big support, jail is end of carrier, respect, it only affect them, their life gets ruin.
I don’t think in past, convict were kept separate from any society. They were punished according to their crime and remained within the society as an example for others. Moreover there were no long long hearing date etc.,
I’m talking about Islamic countries whom rules/law/punishment etc., are prescribed under the guidance of Holy Qur’an and Sunnah. Just wonder why there is so much changes
For most of history, imprisoning has not been a punishment in itself, but rather a way to confine criminals until corporal or capital punishment was administered. There were prisons used for detention in Jerusalem in Old Testament times, and the Bible details the imprisonment of Joseph in Egypt.[2] Dungeons were used to hold prisoners; those who were not killed or left to die there often became galley slaves or faced penal transportations. In other cases debtors were often thrown into debtor’s prisons, until they paid their jailers enough money in exchange for a limited degree of freedom.
Only in the 19th century, beginning in Britain, did prisons as known today become commonplace. The modern prison system was born in London, influenced by theutilitarianism of Jeremy Bentham. Bentham’s panopticon introduced the principle of observation and control that underpins the design of the modern prison. The notion of prisoners being incarcerated as part of their punishment and not simply as a holding state until trial or hanging, was at the time revolutionary. This is when prisons had begun to be used as criminal rehabilitation centers.
I think this is b’coz when lots of distortion occured in the ‘Bible’, meants when some influencers tried to amend/use the prescribed law/punishment as best in favour of their’s interest.
That remind me a hadith when jews or christians were asked Prophet Muhammad about punishment of a crime and were hidding their scriptures b’coz that prescribed punishment they wouldn’t like to have.
I am carefully thinking of the words to respond here coz I feel I have never given this topic a thought before .. Its very hard for me to imagine that there was no place where they would have kept the prisoners .. even if justice was served there and then, Islamically , the criminal still has the right to appeal .. and that could possibly take some time, not weeks , but perhaps a few days ?
Also, with changing times, the nature of crimes has changed I believe .. For example , hacking is basically an infringement on ones privacy.. Just giving a fine to the person and letting them go isnt enough punishment coz there are so many different levels of hacking being done .. so if there was no Jail or a place to keep the prisoners , where do the criminals go?
The jails might be a modern concept of something that humans would do in earlier times, like sending prisoners off to far off and secluded lands ... The concept of a jail is basically to keep an individual away from the rest of the society. They are locked up so they dont try to escape .. If there is no jail , then who ensures that these criminals dont run away from the crime location before judgement is handed over to them?
this is an israeli site/ institute. the PDF file linked above mentions a basic form of prison setup by Hazart Umar R.A. and then further setup by Hazar Ali R.A.
i dont know the authenticity of it. Probably the learned members here after taking the lead from this can find more and establish the authenticity of this document or otherwise.
Concept of jail must be there. They might be makeshift or improvised versions, but they were there.
For example, where the prisoners from Badar were kept?
i was thinking the same, after almost every war there were prisons, even if we say that they were distributed as "servants" later, or freed after taking deyat. but still there had to be some setup to keep them until a decision is made about their fate.
Actually discussion was about ‘punishment’ but I think due to the title of the thread, discussion is turned to ‘jail’ so lets continue as it
The prisoners captured in battle of the ‘Badr’ were executed for their earlier crimes in Mecca, but the rest were given these options:
1- If they accepted ‘Islam’ as their religion than they they are free to go or
2- If they can pay ransom than they can have their freedom in replace of ransom or
3- If they will teach atleast 10 students (how to read and write) than they can have their freedom.
Many Muslim scholars follow the policy practiced by Prophet Muhammad that it is forbidden the killing of prisoners of war. The 20th century Muslim scholar, Sayyid Abul Ala Maududi states that no prisoner should be “put to the sword” in accordance to the policy.
**Hanifi School of Thoughts: **Killing war prisoners is strictly forbidden.
**Jafari, Maliki, Hanbali & Shafi Schools of Thought: **Killing war prisoners is permissible but on condition that if the prisoners would pose a genuine and immediate threat to the muslims if allowed to live.
There are many hadiths which talks about behaving good to the prisoners of war and not to misbehave them under any condition. Also to provide them good foods and not to separate from their family or relatives, if any.
and than after in the era of our four ‘Khalifa’ r.a. that if they ever made a place like ‘jail’. What I read that if there is any case than it were solved within few minutes, verdicts were given and executed right away.
