عقوبة القتل تعزيزا : في الفقه الإسلامي و قانون العقوبات الإماراتي

الملخص EN

The research dealt with the concepts of ta'zir and al-Hidd and explaining the differences between them, and the opinions of the jurists in the ta'zir with killing were extrapolated, their evidence was examined, analyzed and discussed, to know whether the punishment of disciplinary crime in Islamic jurisprudence can reach killing? In addition to extrapolating the UAE penal code, and looking at the articles in which the killing was mentioned, to know the position of the UAE law regarding the condolence of killing, and whether or not Islamic jurisprudence agreed? After the research, it was suggested that it is permissible to apply the discretionary death penalty within the limits set by the wise street, in the context of necessity, and without expansion; with a statement that in the universality of the limit of confusion, what confirms that many of the crimes that some jurists make of the crimes of condolence, and punish them with death can be counted as a crime of dispensation.

It has been proven that Emirati law establishes the death penalty in terms of condolence, and thus it agrees with the statement of the permissible jurists, and it stipulates in many articles that deal with penalties for various crimes, whether they affect the external or internal security of the state.