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Research -38- ILIC 2022
فلسفة العقوبة الشرعية الإسلامية بين العدالة والغلو
Keywords: the punishment, crime, religious groups, and the law.
Journal of college of law
For legal and political sciences
Volume (11) ISSN: 2226-4582 AIF: 08
Faculty of Law / Tishk International University
Date: 22-23, December 2022
Venue: Kurdistan Region- Erbil
Dr. Khaled A. Alslaibi
The Islamic University of Gaza
Dr. Gomma Abdullah Rabah Warshagha
Gaza University – Palestine
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Abstract
Praise be to Allah, the Lord of the Worlds, the Creator of the universe and creator of all creation, and I pray and greet the Prophet, the Truthful Promise, the Trustworthy, after that, In this research, we highlight an issue of great importance, talking about the punishment to show its linguistic and legal reality, and link it to its contemporary reality and the challenges entrusted to it, especially after the absence of the Islamic caliphate and the emergence of the groups that strive to implement the Islamic law, so they deviated from the correctness in limiting Islamic legislation to punishments only. Therefore, this research highlights the intent of punishment and the meaning of groups, then, the statement of the Sharia approach to fight the crime before it occurs, and then talking about the logic of Sharia and its philosophy in approving the punishment, then talking about who is authorized to impose the punishment and how many of groups are departed from the philosophy of Sharia in it. Then, the research ended with the statement of the legitimate purposes of approving and legislating the penalty, reaching to the most important results and recommendations including: Punishment is judicial in Islam, so it is issued through the Imam or his representative, and no group has the right to establish the borders. Therefore, the study recommends to study all the conditions and controls that limit crime and achieve justice.
المصادر والمراجع