Dr. Busaeed: Alternative Sentences Are Important in Achieving Justice and Reform.. A Study at UoB Calls for Elaborating on Alternative Sentences for Their Great Benefits

Sakhir – University of Bahrain (Ali Al-Sabbagh)
24 February 2022
A scientific study by a professor at the University of Bahrain (UoB) called for having a broader application of alternative sentences to imprisonment for their benefits and objectives to the convicts, the society, and the state, in all security, behavioral, moral, social, psychological, health, economic, and political aspects.
The study was prepared by a faculty member in the Department of Arabic Language and Islamic Studies, Dr. Salman Duaij Busaeed, and was recently published in the Journal of Sharia and Law Sciences, which is issued at the University of Jordan in the Hashemite Kingdom of Jordan.
The study employed the inductive and descriptive approaches, and it was titled: “Alternative Sentences to Imprisonment in Islamic Jurisprudence and Its Contemporary Forms in the Bahraini Penal Code and Law No. 18 of 2017 on Alternative Measures “.
The researcher stated that: “Alternative sentences are one of the recent legislative trends to replace the imprisonment penalty with alternative sentences that contribute to integrating prisoners with society and keeping them away from crime and its means.”
Furthermore, he continued, “The study examines alternative sentences and their legal ruling on the one hand, and deals with the types of alternatives to imprisonment in Islamic jurisprudence and their contemporary forms in Bahraini Law No. 18 of 2017, in addition to their application controls.”
Also, Dr. Busaeed confirmed that alternative sentences are reform measures taken by the state or its representative, that serve as imprisonment to prevent the recurrence of crime and reduce it in society, and aim to reduce the number of prisoners and integrate them into society.
He mentioned that some of the forms of alternative sentences for imprisonment in Islamic jurisprudence are: financial fines, exile and alienation, notification and summons, reprimand and desertion. While some of the contemporary forms include: community service, house arrest or ban on going to specific places, electronic monitoring, attending rehabilitation programs, and repairing the damage caused by crime. And to implement alternative sentences, the research suggested that they be on the level of the felony, and that the offender or society would not be harmed by them.
The study confirmed that alternative sentences for imprisonment are legitimate based on the legality of ta’zir in general, and is left to the discretion of the guardian or judge in estimating and determining them, noting that the importance of alternative sentences lies in achieving justice and fairness, deterrence and restraint, discipline and reform, and opening the door to repentance for the convict, in addition to achieving crucial interests, such as taking into account the social, economic and psychological conditions of the convict, integrating him into society, and reducing the number of prisoners and the resulting economic burdens.
The study pointed out that one of the conditions for applying alternative sentences to imprisonment is that it shouldn’t harm the convict or society, and that it is equivalent to the crime committed.
Moreover, the study recommended having a broader application of alternative sentences to imprisonment for their numerous benefits, searching for new alternatives that keep pace with the times, and reviewing them to achieve the purpose of their legislation and implementation.
Also, it suggested conducting interim studies on the effectiveness of alternative sentences, the extent to which the convicts’ benefit, and the impact on society in all respects, and taking the necessary decisions after conducting these interim studies, to be conducted every five years.
In addition, it suggested the implementation of scientific and media conferences and seminars, and the involvement of specialists in the social and psychological aspects, regarding the importance of these sanctions and the results they achieved.

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