Imprisonment is a contested concept in criminal law and Islamic jurisprudence and therefore requires careful scholarly consideration. In Arabic usage, the term does not merely denote incarceration in a prison or confinement in a specific physical space; rather, it encompasses any form of restriction that prevents an individual from exercising personal freedom, whether in a home, a mosque, or another location. A comparative analysis of the definitions, functions, and applications of life imprisonment contributes to a clearer understanding of its legal and juristic scope and highlights the importance of conceptual precision in the use of legal terminology.

This article adopts a comparative and analytical approach to examine the concepts of ḥabs (detention) and sijn (prison) in lexicographical, juristic, and criminal law sources in Iran and selected Arab countries. Drawing on documentary and library-based research, it analyzes the linguistic and juristic foundations of these terms and reviews selected criminal codes (including those of Egypt, Iraq, and Jordan) in comparison with Iranian legal literature. The study addresses whether the use of the term ḥabs necessarily implies confinement in a prison.

The findings demonstrate that although ḥabs and sijn are often used interchangeably in Persian usage, Arabic legal systems and juristic texts maintain significant conceptual and functional distinctions between them. Recognizing this distinction is essential for accurate translation, sound legal interpretation, and proper legislative drafting, and plays a critical role in preventing expansive interpretations of criminal sanctions, particularly in cases of life imprisonment.