الضرب بالتهمة في الفقه الإسلامي : دراسة فقهية مقاصدية مقارنة

الملخص EN

This research is an attempt to examine the legality of beating the accused - who is indicated by the evidence of the charge, or known of committing such types of these crimes , - in order to reach the truth , only in case of the misleading information or the judge could not know the truth without this procedure.

This research has dealt with the subject of study in three sections , with the first devoted to talk about the definition of the term charge and the charge and the kinds and types of defendants in an attempt to limit this procedure in a specific kind of criminals The second section dedicated to the collect quotes all scholars in this matter and the extent of their commitment to these statements, and it was also rooting for each debate and evidence according to the jurists ruled of sanctity of beating, Illegality of the statement under duress, and the strengths and weaknesses of these evidences.

The third section is devoted to showing all the evidences that indicate the legitimacy of torturing the accused to get to the truth, also to unveil the harmony of this view with the policy of the legislation, and to show its relevance to the intent of the legislation in keeping the community and prevent the rights of people from being exposed by any one specifically criminals.

The research method is the collection and analysis of all the evidences relating to the subject with discussion.