تجريم التخابر ضد أمن الدولة بين الشريعة و القانون : دراسة مقارنة

الملخص EN

According to contemporary legal ideology, each country has the right to enact penal codes criminalizing acts which adversely impact its national security.

The current study handles a key form of such acts: espionage crime, a topic which has not been sufficiently handled by legal or sharia studies.

Study sets forth penalty policy and forms of illegal acts as per Sharia and Law through employing comparative studies theory approach.

The topic was handled in two chapters: the first of which dealt with criminalization of espionage while the second with applicable penalties.

The following are the key findings of the study: adoption of Islamic discretion (Tazir) system and criminalization of acts against Islamic society security including espionage according to positive laws.

Hopefully this study would further support criminal protection trends towards harsher penalties for espionage crime up to capital punishment with a view to maintaining national security.