أثر التقادم في إثبات الحدود و تنفيذها : دراسة فقهية مقارنة بقانون أصول المحاكمات الجزائية الأردني

الملخص EN

The study seeks to explain the effect of the passage of time on al-Hudud by showing its impact on proving the Hadd and on the penalty itself.

The research clarifies this issue from the point of view of Jurisprudence and compares it with the Jordanian criminal Law.

To this end, the study defines the passage of time and al-hudud in language and terminology.

Then, it shows the effect of the passage of time on proving al-hudud and the penalty in the Islamic Jurisprudence and the Jordanian Penal Law.

The research concludes that the passage of time effects the proving of al-hudud and prevents hearing the claim to it but does not prevent the enforcement of punishment in case it had been delayed.

It also finds out that the delineation of the passage of time is the jurisdiction of the judge as the period of time changes depending on interest.