القياس في مسائل التجريم و الجزاء : نظرة في حقيقة القياس و دوره في استنباط الأحكام

Abstract EN

This paper examines the topic of analogy as one of the ways to know the rules, and it tried to answer this question, "To what extent can we say the work of analogy in criminalization and penal matters in cases where the legislator does not overlook the facts that harm the interests of society? The paper is divided into two sections, the first was devoted to clarify the concept of analogy, and explaining its authenticity in eliciting rules in general, and the other was devoted to examining the permissibility of analogy in matters of criminalization and punishment.

The researcher reached a set of results at the conclusion, the most prominent was indicating to the need to implement analogy in criminal and penal matters, given the acceleration of events and the slow legislative treatment of most of them.

That is why he recommended that the judge should be given a space of freedom to perform analogy in cases in which patterns of behavior constitute an attack on the rights and freedoms of individuals, without those patterns that constitute an attack on the rights of regimes or governments, in order to prevent tyranny or control.