قواعد في السياسة الجنائية الإسلامية و أثرها في تحقيق العدالة

الملخص EN

Rules in Islamic criminal policy and its impact on justice Abstract In this study, we will get into illustrating one of the most important jurisprudence dominating criminal policy in Islam and its impact on justice, as it is related to considerable principles in legislation in general and criminal policy in particular, such as the principle of innocence, which is originally clearance and averting penality by suspicion, in addition to punishment’s lex specialis, as none except the offender must be punished, moreover there is proportionality principle between the punishment and the crime, given the punishment has to be as serious as the crime, and finally the principle of equality between litigants.

All of these join toghether to create a criminal legislative system aimed at achieving the intention of the Just Almighty who is the basis of legislation designed to sustain the righteousness of the individual and society.