عقوبة الإعدام بين الضوابط الشرعية و المطالب الحقوقية

Abstract EN

The current research attempts to deal partially with the death penalty.

The latter has been a subject of scientific debate among scholars, resulted in: a side claiming to abolish the penalty, and taking into account the offender's life; and others affirm the necessity to hold it so as to limit the unjust violations of the human being's inviolability.

Consequently, the research in hand aims to define the death penalty in different statutory regimes, in addition to proving how Islamic law is built on justice and righteousness in its provisions and legislative system, including the judicial and penal systems.

Moreover, this research explains the main judicial, social, economic and moral arguments provided by those calling for the abolishment of the death penalty, and discusses in a scientific manner each part of them as logic and reason require.

This has been done following legitimate constraints and citing the witnesses of western scholars who have called for the necessity to keep the death penalty in a limited frame, without expanding it to crimes which do not require its application.

The current study reached the following aims: showing the flexibility of the Islamic jurisprudence as far as criminal policy is concerned through the amnesty right given to the family of the victim, as to choose between punishment or allowance "blood money or Diyah" The study has also concluded that the application of the death penalty in the penal system is quite limited since it is surrounded by judicial precautions which guarantee not to infringe the rights of others; in addition to the importance to apply the death penalty as a social necessity so as to protect the life of individuals and enhance the social contract theory.