Influential Applications of Etlaq Maqamie in Principled (Osuli) Propositions

Although, according to a number of Islamic traditions and Quranic verses, the legitimacy of the imprisonment can be verified briefly, the main challenge is that the imposition of this punishment in some cases appears to conflict with the rights of others, such as the incarceration of the offender's mother which is in violation of the rights of the child and the imprisonment of a criminal householder which is in conflict with the rights of his wife and children due to significant damage sustained by them. What comes to the mind is providing a solution to the conflict and settling the dispute of the rules of the Wizr through execution of the sentence of imprisonment. The present research, while explaining the dimensions of the imprisonment, as well as the explanation of the rule of Wizr which implies the concept of the principle of personal punishment, seeks to answer these conflict. According to jurisprudential sources and well-known narrative books, it is concluded that the rule of Wizr (the principle of the personal punishment) is an unexceptionable principle, and the imprisonment should be executed only in limited cases. In the conflict of the imprisonment and the rule of the Wizr, the rule of Wizr shall be governed and the sentence of imprisonment shall not be executed.