التأصيل لمبدأ الشرعية الجنائية في الفقه الإسلامي و التشريعات الوضعية

الملخص EN

This research studies the principle of criminal legality, an inherent study of its provisions, foundations and history in Islamic law and positive law.

The study aims to demonstrate the importance of this principle in balancing the individual and collective interest; it was divided into three sections.

The first of them clarified the concept of the principle of criminal law and its foundations.

The second is to present the history of this principle in ancient and modern legislation.

And in heavenly and positivist laws, As for the third section, it dealt with doctrinal intrusions on the principle of legality, Then he reviewed the results of the principle of criminal legitimacy, Among the most important results reached is that the principle of criminal legitimacy is one of the basic principles in the principles of criminalization and punishment.

It means that there is a text that criminalizes the act and appreciates its punishment before it occurs.