الأحكام البدلية و ضوابطها في فقه العقوبات الإسلامية : دراسة فقهية تحليلية

الملخص EN

This research discusses the substitutable rulings in Islamic criminal law, their concept, kinds, controls, and fields of application.

This research aims also to present the preventative, curative, professional role of substitutable rulings.

This is done by studying examples of penalties in Islamic law.

The study proves the existence of subsumable rulings in penalties and that they have controls that should be considered.

The study reached a number of recommendations amongst which are: substitutable rulings should be taken in consideration by judges when they apply the juristic procedures and their controls, this application should be in agreement with the objectives of Islam, and the interest of individuals, and in order to achieve the preventative, curative and professional goals of substitutable rulings in issues of penalties.