النص الشرعي و دوره في معالجة الجرائم المتصلة بالمصلحة العامة : دراسة تأصيلية

Abstract EN

The study showed that dealing with these crimes must be addressed from all aspects of the human being, as there is a material side that cannot be overlooked, a social aspect, a psychological aspect and other aspects that address them contribute to addressing all crimesThe study confirmed that crime is an ancient, continuous and developing social phenomenon that has harmful and harmful effects.

It is in the perception of people an abnormal behavior that is prohibited by state law, and that a penalty is arranged for it, or it is a violation of the orders and prohibitions of the Penal Code
The study showed that the rule of warding off the hudud by suspicions is one of the governing rules in the criminal investigation that must be resorted to in order to scrutinize the truth and achieve justice, as the hudud is not punished except after the judge is satisfied that the obligation of the punishment has been committed, and this assurance is not achieved unless there is no suspicion that leads to suspicion when Judge about the circumstances of committing the crime
The study showed that the crime from the point of view of the two laws: “An act prohibited by law, or an ention from an act required by law
The study showed that the issue of crime and punishment in Islamic law is distinguished by a privileged position among all other comparative criminal codes, as the wise ruler dealt with it within the framework of a comprehensive, integrated legal system that covers all aspects of life and is suitable for every time and place
The study confirmed that criminalization and punishment in Islamic legislation aims to protect the respectable interests in Islam, which are religion, offspring, soul, money and reason.

The amount of punishment varies according to the gravity of the criminal act and is represented in the legal limits in the meaning of punishments and in their meaning of retribution and discretion
The study showed that the purpose of punishing the perpetrator is to deter him so that he does not return to the crime, as the legislator takes into account the offender's condition