English abstract
This thesis presents a study on monetary punishment, which includes
two types of financial penalties: Fines and confiscation.
It studies each of these two penalties separately from the
jurisprudence standpoint of different Islamic sects. It then compares
them with the Omani Penal Law 7/2018, and then goes on to expose the
economic effects of each of them.
The researcher arrived at the conclusion that the predominant opinion
makes monetary punishments like fines and confiscation permissible if
it observes five conditions: To verify the affective cause which are crimes
that compel punishment -which excludes issues of prescribed penalties
and retribution-, to not substitute the punishment of lash whippings, to
be considerate of people's financial situation whether rich or poor and
allowing poor people a way out to pay their dues or to resort to substitute
punishments, to be a punishment that fits the crime, its type and the state
of the perpetrator, and to observe disciplinary purposes and not to be
made a source for profit.
The Omani Penal Law approves the two penalties, which are
monetary fines and confiscation. It makes monetary fines a basic
punishment that can be complementary and ancillary. It also qualifies
these punishments as debts which the convict owes to the government.
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In addition it makes confiscation a complementary and ancillary
punishment, and qualifies it as the state's possession of existing objects
and funds.
Both financial fines and confiscation have an inverse relationship to
the economy. When their application succeeds the economic returns
decrease. These penalties cannot be considered a positive income to
the state's resources due to their infrequency, their low returns and their
negative economic impacts on individuals and society as a
whole.
