Social defense against crime between Sharia Islamic and positive law (Comparative study)


ABSTRACT The issue of achieving security and community stability has become policy priority of many governments in the world for the sake of success and securing their people s welfare .Accomplishing such a goal has become a very difficult issue for the legislature in many countries especially those who suffered from disorder and lack of safety the matter that has led to the spread of different kinds of crimes .Governments in almost all countries worldwide have begun attempting hard in adopting the best methods and mechanisms that enable them to achieve their goals in this matter. The aim is to find out and adopt the appropriate anti- crime policy , which ensures a successful confrontation against different kinds of criminal activities accompanied by a safe and stable social environment that provides a secure life for all people and away of the fear of crime. From this standpoint , anti- policy has varied from one country to another in the way of proposing the appropriate mechanism to overcome the crime in an absolute manner . This variation is attributed to the difference of legislative and social polices between law and policy makers in each country . Some countries have relied upon their cultural and social principles, which are mainly represented in the Islamic law ( Sharia law) in order to deal with such a sophisticated issue . One the other hand, other countries have preferred to relay on manmade laws to confront the criminal activities in their terriotories. The article attempts to present a comprehensive comparison between the above mentioned two approaches by reviewing and analysing the principal anti- crime policy of each approach precautionary measures that helps to diminish the occurrence of criminal activities in the community.