زواج المغتصب من المغتصبة و أثر ذلك في وقف تنفيذ العقوبة : (الملاحقة الجزائية)‎ في قانون العقوبات النافذ في فلسطين من منظور شرعي

الملخص EN

The study has dealt with the Marriage of the Rapist from the Raped Female and its Effect on Stopping the Execution of the Penalty in the Penal Code Used in Palestine from a Legal Perspective.

It aims at identifying the exemption of the rapist from punishment when he marries the raped person in the legal concept.

The nature of rape, the exemption from the execution of the penalty, and the conditions in law have been clarified.

The paper has also dealt with the objectives to be achieved by the legislation of this issue in which it appears that Islamic legislation has made the crime of rape related to the rights of Almighty God, which should not be tolerated in the application of punishment against those who committed it.

It has been found that the marriage of the rapist from the raped is contrary to the consent required in the marriage contract and affecting its exactness and truthfulness.

It has also been found that the legislation of the principle of exemption from criminal prosecution when marrying a raped applies to the rules of harm and harm and the enforcement of evil and neglect of interests in the legal concept.

This, however, contradicts realistic applications of the crime of rape as detailed in this paper.

Key words: Sexual Rape, Exemption from Criminal Prosecution, Rapists' marriage to the raped