نوع المستند : المقالة الأصلية
المؤلف
كلية الشريعة جامعة الامام محمد بن سعود - قسم الفقه - المملكة العربيه السعوديه
المستخلص
الكلمات الرئيسية
عنوان المقالة [English]
المؤلف [English]
the methods of discretion are varied, and among these methods that have emerged - recently - is discretion for voluntary actions, and this research came to clarify the ruling on that, showing the controls that regulate How to encourage volunteer work, mentioning the success factors for that.
This research aims to explain the ruling on ta’zir for voluntary works and to find out the factors for the success of ta’zir for voluntary works, given the diversity of people’s conditions in reforming them with various punishments, the closeness of the goals of ta’zir and voluntary work, and the occurrence of some evils from some of the punishments mentioned by the jurists - in their time - in our present time, sections on voluntary works. Considering the benefit exceeds
The researcher spoke about some issues, such as the definition of ta’zir for voluntary acts, ta’zir with punishments other than those mentioned by jurists, then the ruling on ta’zir for transitive voluntary acts, and the ruling on ta’zir for minor voluntary acts.
The researcher reached several results, including ta’zir for voluntary work, which is: the judge’s ta’zir of the offender - in the right of God, or a human right - by obligating him to do voluntary work.
There is nothing preventing the application of discretionary punishment other than what is stated in Sharia law.
The researcher also went to the predominance of the view of the legitimacy of discretionary punishment for multiple voluntary acts, and the preponderance of the view of the
الكلمات الرئيسية [English]
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