جرائم الاعتداء على حق الإنسان في سلامة جسمه في القانون الجنائي الوضعي و الفقه الإسلامي : دراسة مقارنة

الملخص EN

Abuse crimes designed to protect the human right to the integrity of the body.

They are directly related to the origin of all rights, namely - the human right to life - as protecting the right to a normal life.

To protect the right to the integrity of the body depends, is undoutted one of the well-deserved frst right protection.

Second, it is being a prerequisite for the introduction necessary to protect the original right, mainly to secure the human right to carry out its role in the life of physical and mental abilities that God-given Almighty bless him.

Indeed the criminal legislator realized the status of this right when the offense each behavior affects him no matter how slight it is.

Sanctions imposed are ok, but treating them will be better.

The legislator should follow the footsteps of the Islamic criminal legislations in this regard, because it has dealt with crimes without restraint accurately and in detail, Added to that is the fairness of the penalty and punishment.

The available conditions explain everything related to circumstances of the Muslim jurists to replace blood related crimes with money.

There is no harm to leave a margin for penalties that deprive individuals from their freedom and replace them with other soft repellent penalties (Tazeer) that can be imposed at the discretion of the judge.

These can be enforced whenever necessary.