Violations of Basic Rights of Prisoners In Conventional and Islamic Law: Theory and Practice

Abstract

In jails, the prisoners are often maltreated by the jail authorities.
They are abused, and, their fundamental rights as human beings are frequently
violated. Although laws upholding the rights of prisoners are plenty,
unfortunately, these seem ineffective in preventing the abuse of prisoners
in jails. This paper examines the problems of jailed prisoners in general and
highlights their violations of human rights. In particular, this paper discusses
sexual abuse of prisoners, their mental and physical tortures, and enforcement of
prison labour laws. The paper also focuses on overcrowding in jails, inadequate
educational facilities for prisoners and poor health care facilities. This article
analyses these issues from the perspectives of Islamic Law and attempts to
provide a conceptual frame work of solutions. An analytical approach is
employed in this study