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The Substitutable Rulings and their controls in Islamic penalty:
a juristic analytical study
Abstract
This research discusses the substitutable rulings in Islamic criminal law, their
concept, kinds, controls, and fields of application. This research aims also to present
the preventative, curative, professional role of substitutable rulings. This is done by
studying examples of penalties in Islamic law.
The study proves the existence of subsumable rulings in penalties and that they
have controls that should be considered.
The study reached a number of recommendations amongst which are:
substitutable rulings should be taken in consideration by judges when they apply the
juristic procedures and their controls, this application should be in agreement with the
objectives of Islam, and the interest of individuals, and in order to achieve the
preventative, curative and professional goals of substitutable rulings in issues of
penalties.
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