Penalty of Execution and Attitude of the Islamic

Penalty of Execution and Attitude of the Islamic

Abstract This stopic is considered of the important topics in the jurisprudence of penalties bt more deterring penalty in the criminal legislation for its stictness and justice. The human souls are all equal in birth, but the defect which storms. The nation today which is the remoteness from its principles and legislations and its moving towards the positive legislations which proved its failure on all levels as the Islamic penalty system is considered the most successful system as it is a system of protection to the society whether on the individual system or the collective one. This research aims at the study of execuation judgements in the Islamic criminal legislation, a detaited deepened study in showing its concept and its principles related to it and showing the characterstics of this penaity and the distinction of this penalty in the protection of the Islamic sharia, intention, and showing its legalty and the wisdom of this legalty and the extent of the divine justice in enacting this penalty and showing its aims and terms of its application and the master of the right in its execution, and bringing out the way of execution in the shari methods which are far from similarity and torture and emerging the justifications for this penalty whether in execution or in the crimes of divine penalties or in the crimes of penalty from the judge or governor, and illustrating the extent on persons and the necessity for this penalty and the reasons of this responsibility and reasons of abolishing this criminal responsibility. Then emerging the attitude of Islam and the positive lawful systems from this penalty and attitudes of the Arabic and Western laws from the penalty of execution and opinions of the enemies of Islam in this penalty and respond to them in the persuading pretexts and proofs to their sayings and showing their legal guarantees for this penalty in order ot go on justly, and far from oppression and presenting the obstacles which hinder its application in the present age.

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http://www.najah.edu/thesis/5171854.pdf