عقوبة التعزير و أحكامه في الفقه الجنائي الإسلامي

الملخص EN

Through what has been presented during the search we can show findings of this research is demonstrated: -1.

The Islamic penal system is characterized Batsafh stability and validity of every time and place, Fmsdrh Rabbani Therefore Vsmth stability and continue even with a change of government and the different systems, so is the penal system in Islam is characterized by stability in the border crimes and retribution, which is characterized by flexibility in the Judicial Sentences that go underneath types of crimes sin and actions that affect the public interest, and decided to have a set of penalties and gave the option to the judge to punish either singly as it deems appropriate, including crime and Mjermha society as an option agree with Islamic law and targeted to achieve the interests and the reduction of evil, there is, according to the passions and special interests.2, which is characterized by the Islamic legislation and the abundance of standards in the division of the sanctions that the richness of the criminal Islamic thought and the multiplicity of the foundations of its provisions, hand specifically they are divided by the sanctions textual represented b (border and retribution), and the other is up to that of guardianship in order to impose the appropriate sanctions and that the so-called (Judicial sentences), and is divided according to the right of the victim as the two legislator to protect the right of God sanctions is b (border and expiation), and the penalties prescribed for the protection of its people, including the rights of (retribution and blood money).3.

The death booster sections of the legislative flexibility and a source of pride in the Islamic legislation It protects the interests of the emerging community penalties which were estimated by the incident fit the seriousness of the crimes on them.4 - that giving discretion in penalties discretionary judge is aimed at addressing the events emerging in which he was not the text of this that indicates anything, it indicates the validity of the law in every time and place, leaving the judge to determine the appropriate punishment for each crime, according to the case of the offender and the circumstances of all of that in order to achieve interest of restraining and deterrence.

The last pretext that Praise be to God that His grace is righteous.

May Allah bless him and bless our Lord and our Prophet Muhammad and his family and companions Almentajabin.