تطبيق القصاص في جرائم القتل العمد بين الفقه الإسلامي و القانون الجنائي

الملخص EN

Committing the crime of premeditated kill not mean a direct application of qisas, whether within the framework of Islamic jurisprudence or criminal law.

Rather, it requires that after all the elements of the crime are met, other conditions are met for the application of the punishment of qisas, with the determination of acts of intentional killing that require qisas is what determines its scope, and there are reasons.

It prevents the implementation of the punishment of qisas due to its fall, Accordingly, the effectiveness of the provisions for the application of the punishment of retribution in premeditated murder will be examined in achieving deterrence between Islamic jurisprudence and criminal law, by defining the scope of application of the retribution penalty in premeditated murder and then the reasons for the fall of the retribution penalty for these crimes, between Islamic jurisprudence and criminal law.