حصانة الحاكم ضد المسؤولية الجزائية في التشريعات الوضعية الداخلية و في التشريع الإسلامي : دراسة فقهية قانونية مقارنة

الملخص EN

To date, internal legal systems lean on the immunity against penal code; this immunity is nuanced and always changing between independence and restriction, it’s influenced by political regims’ nature of each single state.

In the beginning, in kingdoms, immunity found its jurisdiction’s root in the inviolacy of the king himself, which means the absolute consecration of unaccountability and the denial of equality principles.

In fact, the immunity became a necessity commanded by the office of state’s needs for the well doing of the function process.

From then on, this relative immunity enjoyed by the president in republic case, should lean on legitimate pretexts, otherwise it’d be considerated as a violation and denial of equality principles.

In comparison, the Islamic law do prevail penal code on governors by annihilating immunity in order to reinforce equality principles which is an Islamic origin, so confirming lawful politics in Islam as a strong and reliable legislation for guaranteeing the real-estate security, freedom and right of persons even if it requires the accountability of the governor himself.