مقاصد العقوبة وأثرها في تحقيق الأمن المجتمعي بين الفقه الإسلامي وقانون الجزاء العماني د. سلطان بن منصور الحبسي1 د. أحمد بن سعيد الرمحي2

Abstract This study aims to clarify the purposes of punishment in Islamic jurisprudence (Fiqh) and the Omani Penal Code, examining the success of modern legislation in reconciling the objectives of deterrence and retribution with human rehabilitation in light of contemporary electronic and organized crimes. The research employs both inductive and comparative methodologies by tracking jurisprudential texts and legal provisions, with a particular focus on the recent amendments issued under Royal Decree No. 11/2025. The study yields several key findings, notably: the consensus between Islamic Sharia and statutory law regarding the ultimate objective of punishment as a corrective mechanism to preserve societal necessities. It also highlights the Omani legislative breakthrough in amending Article (71), which grants judges flexible discretionary power to suspend the execution of punishments along with their ancillary and complementary effects. Furthermore, it underscores the law's adoption of alternative reformatory measures for juveniles to avoid early criminal labeling. The findings also reveal a decline in traditional corporal punishments within contemporary Omani legislation, replaced by custodial penalties, fines, and flexible rehabilitative measures in alignment with international trends. Keywords: Purposes of Punishment; Societal Security; Islamic Jurisprudence (Fiqh); Omani Penal Code; Judicial Discretion.

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