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The rights of prisoners
par Hiba El-Cheikh Ali, Université d'Ottawa
Our ancient society has been brutally elevated and disrupted. Following this cause, psychological effects influence our treatment towards diverse individuals. After enormous and intolerant corruption, Islam is born in order to awake humanity. Islam is not only a simple belief but a propagated doctrine, including jurisprudence and secular legitimate rights. A fundamental right ignored worldwide is “The rights of prisoners in Islam”. Examining this issue, we successfully discover sceptical rights in power, who are fully determined uncritical. These sceptical rights are in power from the west of the globe through out the east of the planet. One must fully analyze the mistreatment of prisoners and Islam’s concrete view of their rights and treatment.
Numerous countries that comprise either a democratic or dictatorial regime deteriorate prisoner’s rights. Therefore, Islam has its personal ideology according to the question of imprisonment. Generally speaking, Islam considers imprisonment as a case of last remedy and imprisonment is not used as a punishment. Indeed, Islam’s philosophy established in a country is equivalent to permanent peace. However, centuries have passed after Islam’s propagation and yet masses of misconceptions exist. Thus, torture is an essential example which has been used in order to obtain a suspects divulgation. In fact, any type or reason for torture is prohibited, even towards an enemy. It is unlawful to torture a human being despising his religion or race, whether it’s considered physical or psychological harm. Islam encourages other phenomenons instead of torture which are concrete solutions employed by the Prince of the Believers Imam Ali ibn Abi Talib (as). A cautious investigation should be acquired which is applied in various forms.
Arriving at the truth by applying legitimate and scientific perspectives are considerable solutions instead of inclining to torture. Since the world has evolved through out its simultaneous discoveries including education and technology, one must fully take advantage of such opportunities. Psychoanalysis, for example, are experienced in deep examination and can determine realistic evidence through out their process. Imam Ali (as) said: “An individual does not intend something unless it shows in the expressions of his face, or in the slips of his tongue.”1 Moreover, Islam justifies motivation to the prisoners, regardless of their criminal records. First of all, it is the society’s responsibility to rehabilitate such criminals who suffer from psychological illness or who voluntarily create their personal illness. Each suspect is judged according to his personal circumstances that afterwards outrages him in life and generates him as a criminal. For example, if an offender steals, there are always reasonable motivations for him to be incarnated as a thief: because he doesn’t have a job, or is in a famine etc. Allah states in the Qu’ran:
“Allah puts no burden on any person beyond what He has given him”2 Therefore, to eliminate such acts, under an Islamic system, the government should provide freedom in a way to exploit the earth and its resources. Afterwards, the offender is personally satisfied and doesn’t utilize robbery to fulfill his needs. Furthermore, getting to the final point of the rights of prisoners in Islam, it is imperative to consider that a prisoner should be treated depending on his dignity. The Shari’ah law indicates several aspects for the prisoners in Jail: Freedom to engage in business contracts and trading, they may get engaged or married and even live with their family, they have right to education and media, to a healthy environment, to simultaneous meals, psychological well-being, the right to a defence lawyer, refusing torture, attaining religious festivals (Muslims or non-Muslims), Working opportunities inside the prison etc. A prisoner must receive such treatment in order to refrain from future crimes because if a prisoner is mistreated he will eventually bring out his hatred towards society and afterwards will seek revenge from it. 3
Finally, prison is secularly viewed as a brutal and aggressive punishment which further after creates crime endorsement instead of completely demolishing them. However, one must carefully apply these Islamic measures in a proper society. We cannot completely advocate Islamic freedom in a non-Islamic society where as criminals never truthfully repent. Such Islamic measures should be applied in a faithful society where individuals truly believe in religion and the repentance to our Lord.
1. Nahj-al-Balaghah, Short Wisdom;526
2. The Holy Qu’ran: The Cow (2) :286
3. Imam Muhammad Shirazi, “The rights of prisoners”, foundation of Mohammed Al-Amin,London, 2002,150 pages
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