التستر على الجاني بين الشريعة و القانون

Abstract EN

The aim of this study is to identify the crime of covering up the offender and the position of both Palestinian law and Islamic law towards this crime, due to its widespread prevalence and the large number of incidents of covering up the offenders.

The problem in which our study will be based on, justifies the statement of the punishment for the cover-up for the offender in light of the Palestinian legislation and the provisions of Islamic law, and to what extent are the provisions of the Palestinian law sufficient to deter anyone who pleads with himself to commit this crime, which in turn misleads justice and the truth.

In order to achieve the main goal of this study, the researcher used the descriptive and analytical approach by describing the nature of the cover-up of the offender, and during the description process the researchers will analyze the conditions of the crime of covering up the offender, and explain the reasons that lead the concealers to cover up the offenders.

Islamic law, and the punishment for a concealed person according to Palestinian criminal legislation.

The study concluded with a set of results and recommendations, the most important of which are: The punishment for concealment in Sharia is broader and more numerous in Sharia than it is in the law, and the effect of this crime on breaching the five imperatives that Sharia came to preserve, and its danger to the security aspects of the country.

The study recommends that jurists, scholars, and preachers adopt the issue of codifying Islamic law in crimes and discretionary punishments according to strict and specific controls, since the goal of Islamic law is not focused on establishing Hudood, but rather preserving security and general stability.

In addition to adopting Palestinian legislation for the provisions of Islamic law.