تخفيف العقوبة أو إسقاطها بسبب القرابة في الفقه الإسلامي و قانون العقوبات الجزائري

الملخص EN

This research studies the effect of kinship on punishment in Islamic jurisprudence and the Algerian penal code.

The research aims to define punishment and clarify the relationship between it and kinship in Islamic jurisprudence and Algerian law.

It also aims to analyze some texts related to the issue to find out the reasons for this relationship, and to list cases of reducing or dropping punishment due to kinship in jurisprudence and law.

One of the most important results of the research is that Islamic Sharia and positive law are concerned with preserving the family and the ties of kinship as its concern in punishing criminals, considering some particularities, and seeking to balance them with the public right, to achieve justice and legal security.

Therefore, there are cases in Islamic jurisprudence and Algerian law in which the kinship relationship between the offender and the victim leads to a reduction or abolition of the punishment for the offender, in specific cases, and with established conditions, and this is not to always it.

In addition to that, the kinship be a reason of reduction of the punishment; sometimes it can be also a reason to its aggravating