دراسة في القواعد الفقهية قاعدة الحدود تدرأ بالشبهات مثالا : دراسة مقارنة

الملخص EN

The Islamic law came to codify the legislations for the people، to control the advance of the society on the right path، and to preserve the five categories (soul، money، honor، religion and the mind) that are the purposes of the true law، and the Islam has fought crime.

This research is related to the science of jurisprudential rules that contribute to the formation of the jurisprudential queen of the researcher، and this would help in knowing the legal ruling in many jurisprudential issues and devising solutions to the renewed facts، as this rule is one of the important jurisprudential regulations related to preserving the general societal order and therefore it indicates to the greatness of Islamic law.

This study was prepared to reach a set of conclusions، the most important of which is that the aim of punishments is to protect the rights of individuals and societies، not to heal and retaliate against the accused، as evidenced by the keenness of the wise judgment to ward off suspicions، and to set conditions that make the application of the retribution on a limited scale.

The retributions are guarded by doubts according to the agreement of scientists، with the exception of the people apperaences، for they do not say the principle of preventing the retribution of doubts، since the rule of (ward off the retribution with doubts) is closely related to the rule of (certainty does not disappear with doubt).

Likewise، if the suspicion is strong، the punishment is completely dropped from the accused and the act denies the character of a crime.

Otherwise، the act remains criminal، but the retribution punishment is converted into a discretionary punishment.

In conclusion، we say this is the effort of distraction، and if I was injured، then it is from God، and if it is not، it is myself.