Activating the legal seclusion system as a mechanism for rehabilitating detainees under comparative penal systems

Authors

  • Benmessaoud Hayet University of Abdelhamid IBN Badis, Mostaganem, Algeria. Email: benmessaoud.hayet27@gmail.com
  • Larouci Rachid University of Nouakchott, Mauritania Email: laroucirachid87@gmail.com

Keywords:

Imprisoned, sexuality, human rights, modern punitive politics

Abstract

Some human rights and freedoms are considered fundamental to human existence. They are inherent in any person because of his humanity and are based on respect for the dignity and value of every person. They are not privileges granted by the state or the authorities. In return, no arbitrary authority has the right to remove them Perhaps the most important of these rights is the right of the imprisoned person to practice his sexual life normally with his wife, given that he is a person who violated the legal rules and whose freedom was taken away in order to be reformed and socially reintegrated, but this does not mean that his natural rights as a human being are taken away Thus, the view will shift to prison as a place to re-evaluate the offender's behavior instead of considering this detention as retaliation, especially since the issue of humanizing punishment and the continuous search for alternatives to it is still the subject of widespread jurisprudential controversy by proposing several different theories that have developed in parallel with the international system towards greater dedication to human rights, which are considered an essential tool for his social rehabilitation.

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References

Abdullah Abdul Ghani Ghanem, (2014). The effect of imprisonment on inmate behavior. First edition, Jordan: Dar Al-Hamed for Publishing and Distribution.

Mounir Al-Ash, (2017). The prisoner's right to sexual life. First edition, Tunisia: Al-Etihad Publishing and Distribution House.

Rabeh Faghrour, Zahra bin Abdul Qadir. The legal seclusion system for prisoners – a comparative study between Islamic and man-made penal legislation. Journal of Sharia and Economics, Emir Abdelkader University of Islamic Sciences, Constantine, Volume Seven, Issue One, June 2018.

Abdel Karim Saada, Yazid Bouhalit. "The legal seclusion of prisoners in light of comparative criminal legislation and the Algerian legislator's position on it." Journal of Law and Human Sciences, Zian Al-Ashour University, Djelfa, Volume: 15, Issue: 02, June 2022.

Fatima Zahra Liratni, Sofiane Naciri. "The prisoner's right to be alone with his wife inside prison - a comparative study between the Islamic penal system and positive penal systems." Journal of Research in Law and Political Science, Ibn Khaldun University, Tiaret, Volume: 10, Issue: 02, December 2024.

Alaa Radwan, (2024). "Legal seclusion in prisons", published on the following website: https://www.parlmany.com .

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Published

10-06-2026

How to Cite

Hayet, B., & Rachid, L. (2026). Activating the legal seclusion system as a mechanism for rehabilitating detainees under comparative penal systems. The International Tax Journal, 53(3), 1550–1557. Retrieved from https://internationaltaxjournal.online/index.php/itj/article/view/670

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Section

Online Access