TITLE:
Punishments versus Security Measures: A Comprehensive Review of Their Differences and Overlaps
AUTHORS:
Saifullah Helmand, Mohammad Fahim Mohammadi, Muhibullah Mubashir, Abdul Hadi Mobeen
KEYWORDS:
Punishment, Security Measures, Criminal Justice, Quranic Justice, Jaza, Human Rights
JOURNAL NAME:
Open Access Library Journal,
Vol.12 No.8,
August
22,
2025
ABSTRACT: This article provides a comprehensive analysis of the legal and functional differences between punishments and security measures within criminal justice systems, while also incorporating foundational insights from the Holy Quran. Punishment is traditionally applied to responsible offenders based on principles of culpability, proportionality, and legal certainty. In contrast, security measures are preventive in nature, often used to manage individuals considered a threat to society, sometimes without the same procedural safeguards. The growing reliance on measures such as preventive detention and control orders has blurred the lines between the two, raising concerns about due process, human rights, and the legitimacy of state power. Drawing on relevant Quranic verses and Islamic legal principles, the study highlights how the Quran emphasizes justice, fairness, and social protection. The concept of “Jaza” in the Quran encompasses both punishment and reward, reflecting a balanced approach to justice that includes both accountability and mercy. The Quran also supports preventive measures when applied within the bounds of public interest and due process. By integrating both contemporary legal theory and Islamic jurisprudence, this article aims to clarify the distinct purposes of punishments and security measures, advocate for stronger procedural safeguards, and promote a justice system grounded in both legal integrity and moral accountability.