سقوط العقوبة بالتقادم في قانون الجزاء الكويتي : مقارنة بالفقه الإسلامي

Abstract EN

This article aims to investigate the nature of the lapse of punishment in Kuwaiti Punishment Law by Taqadum, clarifying its provision and comparing that to the Islamic jurisprudence.

The problem of the study lies in that the Kuwaiti Punishment Law contradicts Sharia in this regard.

This necessitates conducting a jurisprudential and legal study to clarify this problem.

The study presents a fundamental explanation from Sharia to this issue, which can be applied by decision-makers, clarifying the concept of Taqadum linguistically and terminologically, embodying the distinction between the Kuwaiti Punishment Law and Islamic jurisprudence.

The study concludes with a number of findings, the most important of which are: lapse of punishment by Taqadum has two types : a general one, which is the passage of the long time after the existence of the thing, and a specific one, which is about lapse of punishment by Taqadum.

This type lies in passing of time of provision since the date of execution without an execution, which results in lapse of the punishment.

In the Islamic jurisprudence, it is related to rights belonging to Allah and public right only.

In the Kuwaiti Punishment Law, it includes all rights, which contradicts the Islamic jurisprudence.

The study recommends studying the lapses of punishments of the Kuwaiti Punishment Law comparing it to the Islamic jurisprudence to identify where they converge and where they diverge.