The Punishment of Exile and Its Applications in the Mzab Society from the 15th to the 19th Century: A Comparative Study Between Islamic Jurisprudence and Algerian Penal Law

Abstract

This study examines the punishment of exile applied in the M'zab society, distinguished by its social uniqueness, from the 15th to the 19th century. It seeks to reveal the conditions and procedures for applying this penalty, the customary penal system that legitimised these punishments, and its effectiveness in maintaining the social cohesion of the community and achieving social control. The study also aims to compare this system with Islamic jurisprudence and the current Algerian Penal Code.

This study will shed light on the characteristics of the M'zab society during an important historical period, and on how it managed its internal affairs, including aspects of social control and the penalties applied to various social and legal violations. It will rely on the vast heritage left by customary councils, including agreements and documents that are worth studying to understand the development of customary laws and systems in M'zab society.