الجريمة والعقاب في الشريعة الإسلامية والقانون

Abstract

AbstractThis study included four research namely: the first research dealt with definition of the crime linguistically and within the legislative term also, then its definition also in the positive law. Also, the researcher talked about the crime, aims, and its legislation in the Islamic law and law.The second research, we discussed the nature of incrimation in the Islamic law and the positive laws, therein we included only mentioning the crimes of limits with its kinds in the Islamic law, then the balance between it and the positive laws. The third research which included the second part of the crimes that is the crimes of punishments and the wergilds showing the crime of premeditated murder in the Islamic law and law, then the damaging of legs on p0urpose, also the crimes to be punished on using the wergild (blood money) in the Islamic law. In the third part we dealt with the crimes of rebuke (scolding).The fourth research dealt with principles and values on which the punishments in the Islamic laws and positive laws depend on. At the end of this research we showed the most important conclusions and the essential differences which distinguish the God's legislation from the positive laws.