Criminal Recidivism and Its Relationship to the Aggravation of Punishment: A Comparative, Jurisprudential, and Applied Study

Abstract

Abstract:

This study aims to examine and analyze the relationship between criminal recidivism and the aggravation of penalties resulting from repeated offenses, particularly in discretionary (ta'zir) punishments, with a special focus on contemporary crimes and their recurrence. These crimes include currency forgery, organ trafficking, drug dealing, the promotion and dissemination of pornography and immorality through social media, and various forms of cybercrime.

The study is structured into an introduction, two main chapters, and a conclusion. The introduction highlights the significance of the topic, research objectives, scope, methodology, and outline. The first chapter explores three key issues in three sections: criminal recidivism, the aggravation of penalties, and the authority responsible for imposing harsher punishments. The second chapter presents jurisprudential applications of sentence aggravation due to repeated offenses, divided into four sections: cases where corruption cannot be prevented except through capital punishment, individuals with high criminal risk and habitual offenders, offenders motivated by vile and immoral incentives, and offenders widely known for debauchery.

The study concludes with several significant findings, most notably: Islamic law prescribes the aggravation of punishment for habitual criminals who repeatedly commit offenses, as a means of deterrence, prevention, and ensuring security and stability. Contemporary legal systems also adopt the principle of harsher punishment for habitual offenders due to its effectiveness in curbing crime and eliminating criminal threats. Additionally, Islamic law entrusts the authority to impose aggravated penalties to the ruler or their appointed representative, with the condition that such penalties remain in accordance with Shariah principles. It also emphasizes the necessity of ensuring proportionality between the crime and the punishment, avoiding both undue leniency and excessive severity.