جريمة قتل الأصول و الأقارب : دراسة في الفقه و التشريع و القضاء

الملخص EN

It addresses the crime of parricide among the crimes that occur within a family involving its members who are related by affinity and kinship.

the research chooses sudan as a research population-legislatively and judicially-in the light of the provisions of the Islamic jurisprudence.

it aims at analyzing and explaining the criminal behavior of the parricide or the killer of any of his relatives- whoever he/she would be-whether of higher or lower lineage.

it also aims to study the legislative prudence behind the penalties prescribed in the islamic sharia, criminal law and the personal status law to confront such crimes that occur among the family.

the researcher adopts the comparative inductive analytical method, dividing the research into an introduction to the research plan, a first introductory section on the nature of killing of origin and offspring, a 2nd section, on the motives of offspring killing his origin and vice versa or killing any of his relatives or affinity, along with the provisions of parricide or killing of off springs in a 3rd chapter.

the most important results are that: the penalty of deprivation of inheritance in the crime of an offspring heir killing his legator - whoever the killer would be; an origin, an offspring, brother, sister, uncle, etc.

is not an issueable penalty by the court before which the case is brought, because there is no provision in the criminal law punishable by deprivation of inheritance as a complementary or accessory penalty, but it is a deprivation according to sharia and laws that arise just because a crime of murder is proven and attributed to an heir and convicted of it, and the competent court to do so is the personal status court, which is itself, does not take any action to deprive the murderous heir unless a conclusive criminal judgement is issued by the competent criminal court.