Sanctions as a Fundamental Element of the Legal Framework and Their Practical Forms
Amira Al-Ajmi of the University of Kuwait emphasizes that sanctions are a crucial element for ensuring compliance with legal norms and achieving social stability.
Translated by Qiyas from السياسة — Original source
Every violation of a legal rule entails a sanction, serving as a penalty for breaching that rule, because legal rules are inherently social in nature, as they concern the regulation of individual behavior within society. A legal rule cannot exist without a society, since law governs the relationships that arise among members of society.
Thus, the role of the legal rule is to regulate individuals’ behavior and conduct, thereby fostering harmony and stability in their mutual relations.
Legal rules rely on individuals’ intentions and purposes. If such a purpose is linked to an activity legally permitted, the individual will be exempt from punishment. These behaviors regulated by legal rules vary from one society to another and from one era to another, as they are influenced by prevailing economic and social conditions.
The element of sanction serves as a deterrent mechanism that ensures compliance with legal rules.
Legal sanctions are distinguished by being tangible, concrete, and regulated by law. Tangible sanctions produce clear external effects, such as fines or compensation. Concrete sanctions take effect in this world immediately upon proof of the violation, in addition to the ultimate punishment on the Day of Judgment.
Sanctions are not left to individuals to enforce on their own; rather, they are administered by public authorities in accordance with the law.
Examples of legal sanctions include specific performance, which occurs when a creditor demands that a debtor fulfill an obligation they have failed to perform. Another example is compelling a seller to deliver the sold item to the buyer after payment has been made. Additionally, there is compensation-based enforcement, which applies when specific performance is impossible, thereby compensating the person for the harm suffered.
Another form of sanction is nullity, which results from violating certain rules concerning the validity of a contract. Nullity may require the parties to be restored to the position they held prior to entering into the contract.
In conclusion, I wish to emphasize that the legal rule constitutes a fundamental basis for organizing society, as it defines the behavior individuals must follow. Sanctions ensure respect for and application of these rules, thereby achieving order and stability within society and protecting individuals’ rights as prescribed by law.
Amira Al-Ajmi
Kuwait University, Faculty of Law
