Radjabova E.Sh. Institute of Punishment in Muslim Law

Abstract: The article analyzes the legislative and doctrinal views on the institution of punishment in Islamic criminal law and makes it impossible to find a legal definition of "goals" and "objectives" of punishment inherent in the Islamic state and expands aspects of influence on Muslim criminal law legal tradition of European law. The attention is focused on the basics of classical theory of punishment which are reflected in the Quran and the Sunnah of the Prophet Muhammad, constitutional provisions and norms of the criminal legislation of Yemen, Sudan, Oman, regarding the institution of punishment. As a result of research the author comes to the following conclusions: 1) the evolution of the criminal law of the Muslim states is not yet completed and requires further reforms; 2) based on the desire of lawyers to the maximum preservation of the spirit of the Islamic tradition of law, in which the definitive part received little attention, for modern Islamic jurists it is difficult to define the concept of punishment and its purposes; 3) the individual punishment is rewarded by both the state and God, and in the latter case, the penalty is the fact deterrent from committing sin; 4) the main purpose of punishment is legitimate to understand of which the Islamic law has a specific approach based on the unity of religion and law of Islam.

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