نوع المستند : المقالة الأصلية
المؤلف
قسم الدراسات الإسلامية - كلية الشريعة والدراسات الاسلامية - جامعة الملك فيصل –المملكة العربية السعودية
المستخلص
الكلمات الرئيسية
عنوان المقالة [English]
المؤلف [English]
The study “The Effect of Coercion on Criminal Responsibility in Jurisprudence and Law” aimed to identify the concept of coercion and its conditions in jurisprudence and law, the concept of criminal responsibility, its place and foundations in jurisprudence and law, to identify the effect of coercion on criminal responsibility, and the importance of the study comes to contribute to the development of judicial policies and guide judges and lawyers in how to Dealing with coercion issues. This can lead to more consistent and balanced judgments.
According to the nature of the study and its objectives, it adopted both the inductive approach represented by collecting legal texts from the Holy Qur’an and the Sunnah of the Prophet, in addition to the fatwas and jurisprudence of jurists in the various Islamic schools of thought related to coercion and criminal responsibility, and the comparative approach in comparing Islamic jurisprudence and various statutory laws with regard to the issue of coercion. And criminal responsibility. This approach contributes to identifying similarities and differences between different legal systems, which helps to provide recommendations for possible legal reforms. The results indicated that Islamic jurisprudence has agreed with the law in permitting some punishments, which, without major crimes such as murder, cannot be borne. The perpetrator is criminally liable in the case of coercion. Islamic law and Sudanese law are similar in that coercion is not considered a reason that permits murder, because an individual is not permitted to assault others with murder in order to redeem himself.
الكلمات الرئيسية [English]
)
مشاهدة على SCiNiTO