Islam deals with human nature as created by Allah, affirming its capacity for righteousness and prosperity while rectifying its inclinations toward deviation and wrongdoing. A Muslim may occasionally stray from the straight path due to human weakness, and for this reason, Islamic Sharia has established rules known as Hudood (prescribed punishments) and Ta’zir (discretionary punishments), which include imprisonment.

During the Prophet’s time ﷺ, captives were tied in the mosque. In the era of the rightly guided caliphs, Umar ibn al-Khattab established a specific house for imprisonment. However, those who committed offenses requiring Hudood were punished according to the prescribed punishment and then released unless there were other crimes requiring Ta’zir.

The first to build a dedicated prison for the purpose of carrying out sentences in Islam was the Caliph Ali ibn Abi Talib, in Kufa, Iraq.

Imprisonment: Between Shariah Rulings and Secular Laws

The purpose of punishment in Islam is twofold: first, to reform the individual, and second, to protect society. For major crimes, Islamic Sharia prescribes a system of “hudud” (fixed punishments).

Regarding theft, Allah says, “[As for] the thief, the male and the female, amputate their hands in recompense for what they committed as a deterrent [punishment] from Allah. And Allah is Exalted in Might and Wise.” (Al-Ma’idah: 38) For adultery, Allah says, “The [unmarried] woman or [unmarried] man found guilty of sexual intercourse – lash each one of them with a hundred lashes.” (An-Nur: 2) Regarding Hirabah (piracy or unlawful warfare), Allah states, “Indeed, the penalty for those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land. That is for them a disgrace in this world, and for them in the Hereafter is a great punishment.” (Al-Ma’idah: 33)

On the other hand, secular laws primarily use imprisonment without defined limits to deter crime and punish the offender, often leaning more towards vengeance than reformation. The primary focus is not on reforming the individual but on isolating and punishing them for their wrongdoings against society.

Evidence for the Legitimacy of Imprisonment in the Quran and Sunnah

The Quran contains ayahs that indicate the permissibility of imprisonment. Among them is Allah’s saying: “O you who have believed, testimony [should be taken] among you when death approaches one of you at the time of bequest – [that of] two just men from among you or two others from outside if you are traveling through the land and the disaster of death should strike you. Detain them after the prayer, and let them both swear by Allah if you doubt [their testimony], [saying], ‘We will not exchange our oath for a price, even if he should be a near relative, and we will not withhold the testimony of Allah. Indeed, we would then be of the sinful.’” (Al-Ma’idah: 106) Al-Qurtubi commented that this ayah establishes the basis for detaining those who owe a right to others. Rights are divided into two categories: those that can be fulfilled immediately and those that require time.

Allah also says, “Those who commit unlawful sexual intercourse of your women – bring against them four [witnesses] from among you. And if they testify, confine them to houses until death takes them or Allah ordains for them [another] way.” (An-Nisa: 15) In the early period of Islam, the punishment for women guilty of fornication was house confinement until death. This was later abrogated by the ayah: “The [unmarried] woman or [unmarried] man found guilty of sexual intercourse – lash each one of them with a hundred lashes.” (An-Nur: 2)

In the Seerah, the Prophet Muhammad (peace be upon him) approved and implemented imprisonment when necessary. Abu Hurairah narrated: The Prophet (ﷺ) sent some cavalry towards Najd and they brought a man from the tribe of Banu Hanifa who was called Thumama bin Uthal. They fastened him to one of the pillars of the Mosque. The Prophet went to him and said, “What have you got, O Thumama?” He replied, “I have got a good thought, O Muhammad! If you should kill me, you would kill a person who has already killed somebody, and if you should set me free, you would do a favor to one who is grateful, and if you want property, then ask me whatever wealth you want.” This scene repeated three times with Thumama repeating what he said. On that the Prophet (ﷺ) said, “Release Thumama.” So he (i.e. Thumama) went to a garden of date-palm trees near to the Mosque, took a bath and then entered the Mosque and said, “I testify that None has the right to be worshipped except Allah, and also testify that Muhammad is His Apostle! By Allah, O Muhammad!” (Agreed upon)

The Companions unanimously agreed on the permissibility of imprisonment as a punishment for offenders. Imam Al-Zayla'i stated:

"As for consensus, the Companions, may Allah be pleased with them, unanimously agreed upon it. ⁽¹⁾ It is narrated that Umar and Uthman implemented imprisonment as a punishment on many occasions. Umar ibn al-Khattab imprisoned the poet Al-Hutay'ah for defaming Al-Zabraqan. He also imprisoned Sabeegh for questioning complex Quranic ayahs, for sowing doubt and planting corruption among Muslims. Umar purchased a house in Makkah from Safwan ibn Umayyah and turned it into a prison, and so did Uthman and imprisoned a thief and combatant from Banu Tamim until he died in custody.

The concept of prisons, as we understand them today, did not exist during the time of the Prophet ﷺ or the caliphate of Abu Bakr Al-Siddiq (may Allah be pleased with him). Prisons were introduced during the caliphate of Umar ibn Al-Khattab. In the time of the Prophet ﷺ, detention was limited to preventing the accused from mingling with others. This was achieved by placing the individual in a house, mosque, or under the supervision of the plaintiff or someone designated on their behalf. ⁽²⁾

Given the simplicity of life during the Prophet’s ﷺ era, there was no special structure designated for imprisonment as was the case in ancient civilizations. Similarly, during the caliphate of Abu Bakr Al-Siddiq, prisoners were held in available spaces such as mosques, houses, or tents. Some jurisprudential studies indicate that the number of people imprisoned in Islam did not exceed 20 individuals, all of whom were proven to have committed actual crimes. ⁽³⁾

The Prophet ﷺ said, “If I had remained in prison for as long as Yusuf remained in prison and then the man with the invitation had come to me, I would have accepted it.” (Sahih al-Bukhari). The summoner refers to the call for release, and the Prophet ﷺ indicates he would have hastened to accept it and left the prison without insisting on proving his innocence. This highlights the permissibility of accepting the pardon of a wrongdoer and ending the ordeal of imprisonment, provided that it does not alter one’s convictions or behavior.

The Wisdom Behind Imprisonment ⁽⁵⁾

1. Deterring and disciplining the offender: Imprisonment restricts freedom, serving as a painful deterrent against further violations of Allah’s boundaries or people’s rights.
2. Reforming and rectifying the offender.
3. Deterring others.
4. Repelling harm against Muslim society.
5. Ensuring the rights of others are met when obligations are neglected.

Rights of Prisoners in Islam

In Islam, prisoners are afforded rights that safeguard their dignity and humanity in the first place then as Muslims in the second place. A prisoner should not be subjected to two punishments simultaneously. Imprisonment itself is a disciplinary punishment for a crime committed, and no additional punishment should be imposed, such as torture, deprivation of seeing family, relatives, and friends, humiliation of dignity, starvation, or neglect of medical care if treatment is needed. All these acts are considered as compounding the punishment, which warrants accountability for the jailer or the authority responsible. Among the rights of the prisoner are:

1. Human dignity: Islam upholds human dignity, including for prisoners. They must not be subjected to physical or psychological torture or humiliation.
2. Justice: Punishments in Islam must align with the severity of the crime, as Allah says, “And do not let the hatred of a people prevent you from being just. Be just; that is nearer to righteousness.” (Al-Ma’idah: 8) ⁽⁶⁾
3. Basic needs: Prisoners must be provided with adequate food, drink, and clothing. The Prophet commanded kind treatment of the captives of Badr, ensuring they were fed and cared for. ⁽⁷⁾
4. Education and reform: Imprisonment is not just for punishment, it’s an opportunity for spiritual and intellectual growth. Prisoners can learn the Quran and acquire knowledge if possible. ⁽⁸⁾
5. Family visits and communication.
6. The right to practice their worshipping practices.
7. Legal defense and proving their innocence.

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(1) Tabyin al-Haqa’iq Sharh Kanz al-Daqa’iq (4/179).

(2) Al-Qurtubi, Al-Jami' li Ahkam al-Qur'an, Vol. 14, p. 161.

(3) Ibn Hisham, Abdul Malik, Al-Sirah al-Nabawiyyah.

(4) #_ftnref9.

(5) Ibid.

(6) Ahkam al-Qur'an by Ibn al-'Arabi.

(7) Ibn Hisham, Abdul Malik, Al-Sirah al-Nabawiyyah.

(8) Sahih al-Bukhari, The Book of Jihad and Expeditions.

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