Abstract

The main object of criminal law is the protection of people by the reduction of crime and
the maintenance of law and order. In my view the above said aim of criminal law can
only attained by when deterrence is the aim of punishment. That is why deterrence in
punishment is so important. Deterrence maintains that people are deterred from crime
because they are concerned about the possible consequences of their actions. Utilitarian
philosophers first put forward this justification for punishment. A number of Studies have
considered the effectiveness of deterrence as a theory. Theorists argue that punishment is
justified because it is deserved, and punishment therefore becomes a question of
responsibility and accountability for acts that harm society. In retribution theory, the
punishment imposed should be proportionate to the wrongdoing. In Islamic Republic of
Pakistan there is system of criminal justice but this present system of criminal justice has
failed to achieve its goal because day by day crime rates of Pakistan are increasing.
Crimes like gang rape, kidnapping for ransom, bank robbery and other heinous offences
created unrest and sense of insecurity among the people of the country. This is due to that
deterrence is not the aim of punishment even since 2008 capital punishments are not
granted to the culprits. If proper punishments are not rewarding to the culprits then who
system of criminal justice can be work? So deterrence should be main aim of punishment.

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Introduction

The main object of my topic is to set an example through deterrence for others in the
general population who has not yet participated in criminal events. It is meant to make
them aware of the horrors of official sanctions in order to put them off committing
crimes. Examples include the application of the death penalty and the use of corporal
punishment. Qisas is the example of deterrence punishment. In the light of Holy Quran I
also discuss the topic of qisas.

O you who believe! Al-Qisas (the Law of Equality in punishment) is prescribed for you
in case of murder: the free for the free, the slave for the slave, and the female for the
female. But if the killer is forgiven by the brother (or the relatives, etc.) of the killed
against blood-money, then adhering to it with fairness and payment of the blood-money
to the heir should be made in fairness. This is alleviation and a mercy from your Lord. So
after this whoever transgresses the limits (i.e. kills the killer after taking the blood-
money), he shall have a painful torment. Al Quran. (Al Baqara, Verse 178)

In my view Theory of deterrence can be divided into two general philosophies utilitarian
and retributive. The utilitarian theory of punishment seeks to punish offenders to
discourage, or "deter," future wrongdoing. The retributive theory seeks to punish
offenders because they deserve to be punished. Under the utilitarian philosophy, laws
should be used to maximize the happiness of society. Because crime and punishment are
inconsistent with happiness, they should be kept to a minimum. Utilitarians understand
that a crime-free society does not exist, but they endeavor to inflict only as much
punishment as is required to prevent future crimes.

Under the utilitarian philosophy, laws that specify punishment for criminal conduct
should be designed to deter future criminal conduct. Deterrence operates on a specific
and a general level. General deterrence means that the punishment should prevent other
people from committing criminal acts. The punishment serves as an example to the rest
of society, and it puts others on notice that criminal behavior will be punished.

Objectives
1. Without deterrence in punishment we can not attain the aim of criminal justice. So
this is my first aim of study to aware the readers about the importance of
deterrence theory.

2. Second objective of my topic to give Islamic point of view about punishments in

light of Quran and Sunnah.

3. The third objective of my proposal is to analyze the legal status of deterrence

theory of punishment in Pakistan.

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 4. The fourth object of my proposal is to give the point of view of western scholars.
Literature View
There are many Jurists who devote their time on this theory because of its effectiveness.
They devote their time on this theory because they want to aware the societies about it. I
also read the Holy Quran and books of Hadits for the seek of my proposal.

Salmond consider the deterrence aspect of punishment to be the most important.

“Punishment is before all things deterrent and the chief end of the law of crime is to make
the evildoer an example and a warning to all that are likeminded with him” Muzmil.
(2011,p. 80-81).

Penalty keeps the people under control, penalty protects them, penalty remains awake
when people are asleep so the wise have regarded punishment as a source of
righteousness. Majahan.(2011, p 350).

The deterrent theory emphasizes the necessity of protecting society, by so treating the
prisoners that others will be deterred from breaking the law. Nayazi. (2007, p 49).

In Leviathan, published in 1651, Hobbes described men as neither good nor bad. Unlike
religious philosopher Thomas Aquinas, who insisted that people naturally do good rather
than evil, Hobbes assumed that men are creatures of their own volition who want certain
things and who fight when their desires are in conflict. In the Hobbesian view, people
generally pursue their self-interests, such as material gain, personal safety, and social
reputation, and make enemies without caring if they harm others in the process. Since
people are determined to achieve their self-interests, the result is often conflict and
resistance without a fitting government to maintain safety. Hobbes also pointed out that
humans are rational enough to realize that the self-interested nature of people would lead
to crime and inevitable conflict due to the alienation and exclusion of some members of
society. To avoid this, people agree to give up their own egocentricity as long as
everyone does the same thing approximately. This is what Hobbes termed the social
contract. To avoid war, conflict, and crime, people enter into a social contract with the
government so that it will protect them from human predicaments. The role of the state is
to enforce the social contract. Hobbes indicated that if one agrees to the social contract,
that individual authorizes the sovereign to use force to uphold the social contract. But
crimes may still occur even if after governments perform their duties. In this case,
Hobbes argued that the punishment for crime must be greater than the benefit that comes
from committing the crime. Deterrence is the reason individuals are punished for
violating the social contract, and it serves to maintain the agreement between the state
and the people in the form of a workable social contract. Hobbs.(P. 65)

“And We ordained for them therein a life for a life, an eye for an eye, a nose for a nose,
an ear for an ear, a tooth for a tooth, and for wounds is legal. But whoever gives [up his
right as] charity, it is an expiation for him. And whoever does not judge by what Allah
has revealed - then it is those who are the wrongdoers. AL Quran (5:45)

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And there is (a saving of) life for you in Al-Qisas (the Law of Equality in punishment), O
men of understanding, that you may become Al-Muttaqun (the pious). Al Quran (2: 2). 

And do not kill anyone whose killing Allah has forbidden, except for a just cause. And
whoever is killed wrongfully (Mazluman intentionally with hostility and oppression and
not by mistake), We have given his heir the authority [to demand Qisas, - Law of
Equality in punishment - or to forgive, or to take Diyah (blood money)]. But let him not
exceed limits in the matter of taking life (i.e he should not kill except the killer). Verily,
he is helped (by the Islamic law).  (Al Quran Al-Isra, Chapter 17, Verse 33)

The sacred month is for the sacred month, and for the prohibited things, there is the Law
of Equality (Qisas). Then whoever transgresses the prohibition against you, you
transgress likewise against him. And fear Allah, and know that Allah is with Al-
Muttaqun (the pious). Al Quran (V 2:2).

Narrated 'Abdullah: A man said, "O Allah's Apostle! Which sin is the greatest in Allah's
Sight?" The Prophet said, "To set up a rival unto Allah though He Alone created you . "
The man said, "What is next?" The Prophet said, "To kill your son lest he should share
your food with you." The man said, "What is next?" The Prophet said, "To commit illegal
sexual intercourse with the wife of your neighbor." So Allah revealed in confirmation of
this narration:-- 'And those who invoke not with Allah, any other god. Nor kill, such life
as Allah has forbidden except for just cause nor commit illegal sexual intercourse. And
whoever does this shall receive the punishment.' (25.68)  

Narrated 'Aisha: The Prophet said, "The hand of a thief should be cut off for stealing a
quarter of a Dinar." Bukhari. (2009, P.742)

Narrated 'Aisha: The Quraish people became very worried about the Makhzumiya lady
who had committed theft. They said, "Nobody can speak (in favor of the lady) to Allah's
Apostle and nobody dares do that except Usama who is the favorite of Allah's Apostle. "
When Usama spoke to Allah's Apostle about that matter, Allah's Apostle said, "Do you
intercede (with me) to violate one of the legal punishment of Allah?" Then he got up and
addressed the people, saying, "O people! The nations before you went astray because if a
noble person committed theft, they used to leave him, but if a weak person among them
committed theft, they used to inflict the legal punishment on him. By Allah, if Fatima, the
daughter of Muhammad committed theft, Muhammad will cut off her hand.
Bukhari. (2009, P.741).

Narrated Aisha, Ummul Mu'minin: The Apostle of Allah (peace_be_upon_him) Said:

The blood of a Muslim man who testifies that there is no god but Allah and that
Muhammad is Allah's Apostle should not lawfully be shed except only for one of three
reasons: a man who committed fornication after marriage, in which case he should be
stoned; one who goes forth to fight with Allah and His Apostle, in which case he should
be killed or crucified or exiled from the land; or one who commits murder for which he is
killed. Bukhari. (2009,p.740)

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Narrated Jabir ibn Abdullah: The Prophet (peace_be_upon_him) said: Cutting of hand is
not to be inflicted on one who plunders, but he who plunders conspicuously does not
belong to us. Bukhari. (2009, P. 739)

Research Methodology

It should be descriptive and analytical research the rules of library research will be
observed. Books articles newspapers during the time period will be consulted.
Information from e source will be used for research.

On making the conclusions rules pertaining to descriptive and analytical methods shall be
applied fro the descriptive analyze of the data.

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References

Articles

1. Nagin, D. S. (1998). Criminal deterrence research at the outset of

the twenty first century. A review of research (pp. 1–42).
Chicago: University of Chicago Press.

2. Gibbs, J. P. (1968). Crime, punishment and deterrence. Southwestern Social

Science Quarterly, ( pp 515–530).

Books

1. Majhan, V. English jurisprudence.

2. Muzammil, M. English jurisprudence. Lahore: Mansoor book house.

3. Nyazee,K. English jurisprudence. Islamabad: Institute of advance legal studies.

4. Hobbs,T (1651). Edit by Michael. Leviathan.

5. Wright, (2010). Deterrence in criminal justice.

6. Beccaria, C. (1963). On crimes and punishments (introduction by H. Paolucci,

Trans.). New York: Macmillan. (Original work published 1764).

7. Al Quran, Al Baqara, Verse #178.

8. Al Quran, Al-Baqara, Chapter #2, Verse #179.

9. Al Quran, Al-Isra, Chapter 17, Verse 33.

10. Al Quran, Al-Baqara, Chapter #2, Verse #194.

11. Bukhari, Sayed. (2009). Sehi Al Bukhari ( pp 736 – 741 ). Lahore. Sulman Munir
press.

12. Malik. (2009). Sehi Al Muuta. Lahore. Naya Asad press.

Websites

1. http://www.answering.com/laws_of_murder.htm.

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2. http://law.jrank.org.

3. http://en.wikipedia.org/wiki/Deterrence_theory.

4. http://www.law.columbia.edu/law_school/communications/reports/summer06/cap
italpunish.