وضع من استوفى عقوبة السجن تحت مراقبة الشرطة في ميزان الفقه الإسلامي و القانون الوضعي

الملخص EN

The Study aimed at investigating the conception of the penalty of putting the convicted under the security observance* its ruling* the cases upon which it applies* and what stops the penalty to come into effect according to the Islamic Jurisprudence in comparison to the secular law.

The study adopted the inductive and analytic methodology.

To gather the required data* a review of literature was administered.

The study came to the conclusions that follows; first* Islamic jurisprudence does not object to the penalty of putting the convicted under the security observance on condition that it adheres to the Islamic system of punishment* second* the cases that could apply the penalty in question are those which are decisively concluded* third* the cases that could not apply this penalty are those which relate to crimes of killing and wounds* fourth* what stops the above mentioned penalty from coming into effect are the death of the convicted* the convicted repentance* the obliteration and estoppel.

The study recommended that the legislation of penalty of putting the convicted under the security observance ought to adhere to what Islam ordains in this context.