تشديد العقوبة بسبب القرابة في الفقه الإسلامي و التشريع الجزائري

الملخص EN

This research studies the effect of kinship on punishment with its emphasis in Islamic jurisprudence and the Algerian legislation.

The research aims to define the punishment and clarify the cases of its emphasis in which kinship is the cause.

It also aims to analyze some texts related to this issue in Islamic jurisprudence and Algerian law, to find out the reasons for this relationship.

One of the most important results of the research is that Islamic Fiqh and Algerian legislation considered the kinship between the offender and the victim as a reason for aggravating the punishment in some cases.

Because the assault from the relative is more self-inflicted, because of the betrayal.

As it indicates the badness of the offender, which makes him worthy of tougher punishment.

As well, the kinship considered a reason one of the reasons for deprivation of some rights, and this deprivation is an aggravation because it comes in addition to the prescribed punishment