عقوبة الجناية خطأ على ما دون النفس في قانون العقوبات المصري والجزائري: دراسة تقويمية في ضوء الشريعة الإسلامية

الملخص EN

The study aimed at evaluating the penalty of injuring by mistake offence according to Egyptian and Algerian criminal law in the light of Islamic law (Shari'a).

the study was based on the descriptive approach, and in this context, it relied on the evaluative method.

the study tool was a survey of the literature related to the subject of the study.

it ended up with the following results: first, Islamic law (Shari'a) imposes a compensation (blood-money) to be given to the victim as a penalty for those who proved committed injuring by mistake offence; second, the Egyptian and Algerian criminal laws impose imprisonment and fine as alternative penalties for this offence and this contradicts what is stated in the Islamic law (Shari'a).

the study recommended that the Egyptian and the Algerian criminal lawmakers adopt the full or partial compensation (blood money) to be given to the victim according to the wrong size as a penalty for this crime in accordance with Islamic law (Shari'a).