| المستخلص: |
This dissertation, which is entitled “The Discretionary Penalties during the Period of the Message and Orthodox Caliphs Historian Study ,talks about the punishments ,other than the Law of Equality and the Limits, which are not mentioned in Glorious Qur’an that the Prophet (M.P.B.H) and the Caliphs after him inflected. Factually, the discretionary penalties are governed by time, place, and the surrounding circumstances therefore, this study is a historical not jurisprudential or legal. The dissertation falls into preface, introduction, four chapters, and a conclusion. The introduction provides an analysis of the dissertation and the sources.While the Preface talks about the punishment lexically and semantically. It also tackles the recurrent use of the word “punishment” in the Glorious Qur’an and the punishments during the pre-Islamic period.It also sheds light on the reward and punishment policy of the Prophet (M.P.B.H) and his Caliphs. Chapter One: talks about the discretionary penalties for the Prophet (M.P.B.H) and his method of dealing with the cases that happened during his time and how his method affected the Islamic community. Chapter TWO: deals with the punishment inflected upon a special category of people such as the relatives and the companions of the Prophet (M.P.B.H) and the leaders. It presents a proof on the justice of inflecting punishments without any discrimination. Chapter THREE: talks about the punishments inflected by the Caliphs upon the other categories of the community which are imprisonment, exile, and pruning if necessary. Chapter FOUR: deals with the other types of punishments which are not mentioned in the other chapters. Finally comes the conclusion which sums up the findings of the dissertation and the appendix.
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