مسؤولية الدولة عن تطبيق العقوبات الشرعية و تعطيلها في الفقه الجنائي الإسلامي

الملخص EN

This study includes one of the most important subjects in Islamic criminal jurisprudence, which is the responsibility of the state in the execution and deactivating of Sharee'a penalties.

The researchers have dealt with this topic in three main sections as follows: First: the concept of the state, its specifications and its function; Second: the state’s responsibility in implementing Sharee'a punishments; and Third: the verdict of implementing and disabling limitary crimes (hudoud) punishments.

The research also included a conclusion, results, recommendations and a list of the most important resources and references.

The study achieved several results, the most important of which are: 1.

The concept of the state is the establishment of religion and worldly politics in accordance with judiciary regulations.

2.

The application of Sharee'a punishments of limitary crimes (hudoud) is the responsibility of the state and is entrusted to the guardian or his deputy at every time or place.

3.

The execution of the rulings of Sharee'a limitary punishments is the establishment of equity and justice, which are the foundations of ruling by what God Almighty has revealed, and that it is extremely important and associated with the realization of the purposes of Islamic Sharee'a.