In the Name of Allāh,

the Entirely Merciful, the Especially Merciful

Praise is due to Allāh, Lord of the worlds, may the blessings and peace be upon our master Muḥammad, the last of prophets, on his family, and all his companions.

Resolution No. 191 (6/20) Prisoners’ Rights in Islamic Jurisprudence

The Council of the International Islamic Fiqh Academy of the Organization of Islamic Cooperation, holding its 20th session in Oran, People’s Democratic Republic of Algeria, on 26 Shawwāl – 2 Dhū al-Qi’dah 1433h (13–18 September 2012),

Having examined the research papers submitted to the Academy concerning

Prisoners’ Rights in Islamic Jurisprudence,

Having listened to the discussions on the subject,

Resolves

1. The Council of the Academy, in collaboration with experts from OIC Member states, should prepare a draft document on “Prisoners’ ”
2. Prisons in every member country should be under the supervision of an independent body that looks after prisoners’ rights. Close monitoring of prisons is also required with punishment for any violation of these
3. Muslim countries should construct prisons according to standards that observe human rights and dignity. Designs of prisons must satisfy all specifications required for prisoners’ safety and fulfillment of prisoners’
4. Individuals should not be subjected to restriction of freedom except by a legal verdict issued based on judicial guarantees that ensure achievement of justice and avoidance of oppression and
5. Providing for economic empowerment of prisoners through rehabilita- tion and training to enable them to perform valuable handicrafts during and after their imprisonment periods. A prisoner should also receive fair pay for his work during imprisonment.
6. Providing guarantee of the prisoner’s right of social meeting with family members and friends known for their sound behaviour. Meetings be- tween a prisoner and his/her spouse should also be allowed under com- plete

7. Guarantee of all the rights that Shariah issued for prisoners, such as satis- faction of his need for decent food and clothing and other decent living
8. Prisoners should be enabled to perform their religious rites freely. They should be educated, especially in the field of religion, and given a chance for direct contact with preachers and counsellors inside the jail.
9. Limitation of punishments that restrict or eliminate freedom as much as possible. This could be done through invoking bodily and imprison- ment-substitute punishments to ward off negative consequences of free- dom
10. Minimization of provisional detention and all other forms of arresting to which governments sometimes resort without judicial adjudication, and enactment of adequate legislation to ensure the protection of the rights of those who are to be arrested. Additionally, a maximum limit for pro- visional detention should be fixed.
11. Enactment of rules in all Muslim countries for compensation of prisoners who are absolved from the charge. Such rules should also include com- pensation of prisoners who become victims of aggression and infliction of disciplinary action against aggressors.
12. Organization of orientation sessions for prisoners and those who are in charge of prisons to enlighten them about their respective rights and du- ties as well as the punishment that would be inflicted upon the negligent or violating party.

Indeed, Allāh is All-Knowing.