اسلامی و بین الاقوامی قوانین کی روشنی میں جلاوطنی (نفی) کی سزا: ایک تحقیقی و تقابلی جائزہ

The Punishment of Exile (Nafī) in the Light of Islamic and International Law: A Comparative and Analytical Study

Abstract

Exile (Nafī) has historically functioned as a multifaceted punitive measure, encompassing physical removal, psychological distress, social isolation, and rehabilitative aims. This study provides a detailed analytical and comparative examination of exile in the frameworks of Islamic jurisprudence and international law. It begins by analyzing the linguistic and juristic definitions of Nafī, followed by a historical overview of its application in early civilizations, including Mesopotamian, Greek, and Roman legal systems, where exile was commonly imposed for crimes such as treason and sedition.Within the Islamic legal tradition, Nafī is sanctioned under certain ḥudūd offenses like zinā and ḥirābah, as well as within taʿzīr punishments. This research explores classical juristic interpretations, Prophetic traditions, and the practices of the Rightly Guided Caliphs to highlight the objectives behind Nafī, which include deterrence, moral reform, and societal protection. Conversely, the study contrasts these principles with modern international legal instruments—such as the UDHR, ICCPR, Rome Statute, and Geneva Conventions—which prohibit arbitrary or collective exile, categorizing such acts under human rights violations or crimes against humanity.Additionally, the paper explores contemporary forms of exile, including environmental displacement due to natural disasters—such as the 2022 floods in Pakistan—and digital exile involving suppression of dissent, particularly among journalists and activists. These evolving realities necessitate a reevaluation of traditional frameworks. The study concludes by affirming that both Islamic and international legal systems ultimately aim to protect human dignity and justice, and that classical concepts like Nafī must be reinterpreted within contemporary human rights paradigms.

Keywords: Exile, Nafī, Islamic Law, International Law, Human Rights.