مراحل الجريمة في الفقه الإسلامي و القانون الوضعي

الملخص EN

The Islamic criminal law has distinguished between the different crime stages.Starting from intending and thinking stage,followed by preparation stage to finally reach actual implementation stage.Setting mere intentions and thoughts should not be subject to any penalties as long as they have not been translated into an overt action,which is the same path followed by modern penal legislations as they do not punish intentions and thoughts of committing crimes,yet they did not take it until the end of twentieth century together with Islamic jurisprudence which decided so a long time ago.Declaration of intent to commit a crime is ,however ,punishable in Islamic crime law ,not the case of modern laws that consider it an act that does not require any sort of punishment .Then there is preparation,Islamic jurists have differentiated between allowed and outlawed forms of actions that the offender does in the process of preparing for his crime .As on the level of law ,some are of the view of not punishment for preparatory stages,and others who saw the obligation of their punishment .So here is an essay that highlights the different phases that a crime passes through and the position of each Islamic jurisprudence and ordinances enacted to reach an answer to the work’s problem : what are crime stages and how each Islamic jurisprudence and ordinances tackled it relying on comparative analytical method