Legal and Islamic Approach Towards Prisoners' Conjugal Rights in Pakistan

Abstract

The aim of the research is to examine the Islamic and legal approach towards prisoners’ conjugal rights in the Pakistani Jails. Though imprisoned individuals are deprived of their liberty but remain entitled to well-defined human rights recognized internationally, regionally and within national legal statutes. The study also explores the basic principles of Shari'ah law, as well as constitutional, statutory, and judicial perspectives on prisoners' conjugal rights and attempts to answer that either Islam recognized the conjugal rights or not? The objective of the research is achieved through qualitative means of research by analysing constitutional provisions, jail rules, international standards, various articles and human right reports etc. Study draws the conclusion that acknowledging conjugal rights of prisoners is essential not only to protect of their basic human rights and the enhancement of rehabilitation efforts but conjugal visits within prisons helps preserve family ties, reduce homosexuality, and protect prisoners from sexually transmitted diseases.