The Punishment of Prohibiting Utilization as Discretionary Punishment: A Comparative Jurisprudential Study

Abstract

This research addresses the issue of discretionary punishment by prohibiting utilization. It includes the concept of discretionary punishment, the prohibition of utilization, the legitimacy of such punishment, its legal parameters, and contemporary applications. The study adopts the inductive and analytical methods and concludes by defining the prohibition of utilization as: revoking the beneficiary's right to use an asset due to a violation they committed. It further establishes that discretionary punishment by prohibiting utilization is based on the principle of consent in contracts, which is permissible according to the Qur'an, the Sunnah, and scholarly consensus. Additionally, the study finds that applying this form of punishment in private companies and institutions is derived from the authority and delegation of the ruler.