العقوبات بين الشريعة الإسلامية و القانون الجزائري : دراسة مقاصدية

الملخص EN

This research aims to clarify the extent of the recent spread of crime in the Algerian society at an increasing pace, although justice with its judicial and legal authority strives to limit it.

therefore, this work highlights the converging and diverging the sides between the way how the Algerian penal code treats these crimes in terms of punishment and the implementation of religious legitimate boundaries on the other side, and their effective role to eliminating crime, deterring perpetrators, blocking all ways which are connected or lead to it, and finally indicating the purposes and the rulings that are included in the Islamic laws to specify some boundaries and opening the field of discretionary punishment.

research proved that punishment in our religiousn mustn't under improvement and discretionary punishment in order not to occur any knid of strict punishment.