Modesty Under Criminal Law On Islamic Perspective

In the study by modesty has a different point of view of criminal law criminal law scholars in different periods, itsummarizes the conclusions and modesty of the concept is not the same. To summarize the different point of view,can be defined as the modesty of the criminal law of a country in the process of formulation and implementation ofthe criminal law, according to certain rules of the criminal law, the degree of control, to achieve humane execution,and eventually realize the human rights and interests protection and the protection of the a purpose.Through the study of western criminal law in the history of the development of democracy and equality, in theconcept of the premise, the limited understanding of the gradual rise in criminal law and criminal law has thefunction of humanism in the cause of modesty, gradually developed into the current social criminal law with the spirit of the times. In the concept of the modesty of the criminal law, it contains information of economy of criminal law, have limited nature and humanity. With this limited criminal law refers to the scope of criminal law have to usemeans and can control is limited, not unlimited; criminal law with economics refers to the criminal law, the lowestinvestment resources, get the highest efficiency of the criminal law; criminal law for humanity is in use in the process of criminal law, the crime to self as one to be treated, on the personality dignity and legitimate rights to be protected. The restraining criminal law is a kind of spirit and nature of criminal law, its essence is a kind of "cautious punishment" thought reflected, can also be regarded as a kind of criminal justice, the principle oflegislation, or can be said to be a kind of value target. A kind of the modesty of the criminal law can be as the idea of criminal law, has passed through the entire field of criminal law, the social foundation and legal principle in the criminal law modesty to seek.In this paper, the restraining criminal law under the vision of the Islamic Sharia law and Islamic law, on the basicproperties are introduced, with the Islamic law. To reflect the modesty of the criminal law in Islam’s analysis, such as the fixed penalty, revenge, discretionary punishment etc.. Finally the Islamic criminal law and our criminal policywith modesty thought to elaborate.