شروط القاتل في عقوبة القصاص (الإعدام)‎ : دراسة فقهية قانونية مقارنة

الملخص EN

This Study Examines And Compares The Conditions That Must Be Met In Order For The Murderer To Be Penalized With Al-Qisas (Retaliation Penalty) According To Islamic Jurisprudence And With Death Penalty According To Positive Law.

The Comparison Is Restricted To The Jordanian Penal And Juvenile Laws Applied In Palestine And The Palestinian Penal And Juvenile Draft Laws For 2010.

The Study Investigates Seven Conditions That The Murderer Must Have To Be Penalized: Being Adult, Being Compos Mentis, Not Being OverIntoxicated, Not Being Coerced Into Murder, Being A Perpetrator Not Commander, Not Being An Anti-Muslim Warrior Converted To Islam, Not Being Asl A Source (Parent Or Grandparent) Of The Killed Person.

The Study Is Concluded With The Main Findings And Recommendations: No Penalty Is Inflicted On An Immature Person, A Child, An Insane, A Killer Of Warriors In Battlefield, A Source Parent Or Grandparent.

However, Punishment Is Inflicted On The Over-Drunk Killer, The Coerced Killer, The Commander Of Killing Like The Sultan If He Had No Legal Reason And Had Authority Over Killer.

The Palestinian Penal Draft Law Does Not Provide For The Death Penalty.

The Law Must Provide For The Death Penalty For Political Crimes Committed By Politicians.