دعوى عدم وضوح عقوبة ازدراء الشخصيات المقدسة : دراسة بين الفقه الإسلامي و قانون العقوبات

الملخص EN

The present study aimed to clarify the Allegation of lack of clarity on the penalty for “contempt for the holy personages in Islamic Jurisprudence and Penal Law.

As it takes insulting " The Mothers of the Believers" via social media as a model.

The study is based on the inductive approach.

The study tool is consisted in surveying the truth of this allegation the subject of study, to answer his questions.

The most noted results of this research are: The invalidity of this allegation its neglect of the correctness from the Islamic Jurisprudence side, where Islamic Sharia and its jurisprudence through its doctrines are very clear in this case.

unlike the legal aspect, it is true and fulfilled.

Because the law does not clarify it and lack of interpretation for many required terms that related to this crime and its punishment.

As the punishment for contempt, humbling and insulting the "Mothers of the Believers" in all its forms is the same and not vary.

Confirming the clarification of any allegation is to avoid arguments and protect society from sedition.

Determining the Punitive Text in a way that ends all controversy raised when mentioned by the legislator.

Enforcing the punishment issued by the international courts concerned with these cases, with an emphasis on complete impartiality when adjudicating Differentiating between insulting Islamic symbols and freedom of expression through social media and other platforms.