IMPRISONMENT AS A FORM OF PUNISHMENT: A CASE STUDY OF MALDIVES

Authors

  • Mohamed Affan Shafy International Islamic University Malaysia
  • Ramizah Bint Wan Mohamed International Islamic University of Malaysia

Abstract

Today punishment of imprisonment is seen to be given a less prominent significance in terms of punishing offenders as a means of rehabilitation and reducing recidivism rates throughout the world. However, it is found that the Maldivian courts have adopted a pattern of punishing offenders through imprisonment as a general form of punishment for almost all types of crimes despite considering the severity and mitigating factors of a given case. This pattern of punishing offenders through imprisonment alone is practiced by an authority of discretion given to the judges in the Penal Code of Maldives even though the same Penal Code allows for the application of other forms of alternative punishments. Whilst some may argue on the effectiveness of imprisonment as a general form of punishment, our argument lies in resorting away from a punishment that yields less possible avenues for rehabilitation and reintegration of offenders back into the society and that the preference should be given to alternative forms of punishments based on the circumstances surrounding any individual case.

Author Biographies

Mohamed Affan Shafy, International Islamic University Malaysia

Ph.D. Student at Ahmad Ibrahim Kulliyyah of Laws, International Islamic University of Malaysia.

Ramizah Bint Wan Mohamed, International Islamic University of Malaysia

Associate Professor at Ahmad Ibrahim Kulliyyah of Laws, International Islamic University of Malaysia

References

Antilla. (1975, February). Probation and Parole- Social Control or Social Service? International Journal of Criminology and Penology, 3(1), 79-84.

Braman, D. (2002). Families and Incarceration. Yale University.

Ghassemi, G. (2009). Criminal Punishment in Islamic Societies: Empirical Study of Attidudes to Criminal Sentencing in Iran. Springer Science + Business Media B. V.

Larson, D. (2013). Why Scandanavian Prisons are Superior. Retrieved July 20, 2017, from The Atlantic Monthly: Doran Larson, Why Scandinavian Prisons Are Superior 2013, Published by The Atlantic Monthly Group.http://www.theatlantic.com/international/archive/2013/09/why-scandinavian-prisons-aresuperior/279949/

Maldives Police Service. (2015). Crime Statistics. Retrieved December 2017, from https://www.police.gov.mv#casestat

Mohamed Hassan. (2015). Maldives Creates Historical Penal Code. Retrieved January 5, 2017, from Maldives Independent: http://maldivesindependent.com/politics/maldives-celebrates-historic-penal-code-101013

Schnittker, J., & John, A. (2007). Enduring Stigma: The Long-Term Effects of Incarceration on Health. Journal of Health and Social Behavior, 48(2), 115-130.

Statistics Maldives. (2017). Government Statistical Yearbook . Retrieved September 30, 2017, from http://statisticsmaldives.gov.mv/yearbook/2017/wp-content/uploads/sites/4/2017/07/8.22.pdf

Ugelvik, T., & Dullum, J. (2012). Penal Exeptionalism: Nordic Prison Policy and Practice. Routledge.

United States Department of State. (2014). Country Reports on Human Rights Practices for 2014. Retrieved January 5, 2017, from Bureau of Democracy, Human Rights and Labor: http://photos.state.gov/libraries/maldives/231771/PDFs/hr_report_2014_Maldives.pdf

UNODC. (2005, September). South Asia Regional Profile. Retrieved January 5, 2017, from UNODC: http://www.unodc.org/pdf/india/publications/south_Asia_Regional_Profile_Sept_2005/11_maldives.pdf

World Prison Brief. (n.d.). Maldives. Retrieved September 30, 2017, from http://www.prisonstudies.org/country/maldives

Downloads

Published

2019-01-30

How to Cite

Shafy, M. A., & Wan Mohamed, R. B. (2019). IMPRISONMENT AS A FORM OF PUNISHMENT: A CASE STUDY OF MALDIVES. Journal of Asian and African Social Science and Humanities, 4(4), 1–8. Retrieved from https://www.aarcentre.com/ojs3/index.php/jaash/article/view/151

Issue

Section

Articles