حالات إباحة الفعل المجرم بين الفقه الإسلامي و القانون الجزائري

Abstract EN

This research studies the cases, in which the criminal act is considered permissible in Islamic jurisprudence and Algerian law.

It aims to clarify the exceptions to the principle of criminal legality, and it aims to explain the extent of interest by Islamic jurisprudence and Algerian law in rights and freedoms.

In this research, the descriptive and analytical approach was adopted, through describing acts that are not considered crimes, and analyzing their causes and elements.

In addition, the comparative approach was adopted.

Among the most important results of the study is that an act that is considered a crime may be permitted in some cases in Sharia Islamic law and Algerian law, and the cause for its permissibility is one of two things; either it is a permitted right of the person, or it is an obligated commanded