عقوبة الإعدام : التعزير بالقتل بين السياسة الشرعية و المصلحة المرسلة \

Abstract EN

The death penalty is prescribed in all major countries of the world, and law explainers justify the death penalty as a valid means of resisting criminality and eradicating criminals who are dangerous to the group, and it is the same justification that Islamic Sharia jurists have said, that is, to bring an interest or ward off corruption.

In my study, this “discretionary punishment by killing between legal policy and the missionary interest,” which is of the utmost importance, clarifies the concept of discretionary death by killing and mentioned the rules of discretionary discretion, then introduces its legitimacy and the opinions of the jurists from the four schools of thought.

Then I talked about the legal document for this serious punishment, namely the interest sent to bring benefit and pay spoil, so I talked about politics and its link to discretion, and about the sent interest and its relationship to the legitimate policy.

Then I turned to the practical aspect and mentioned the most important cases of murder, politics and taqsir, indicating the link between theoretical rooting and practical application, indicating that the implementation of the death penalty is in crimes that undermine the belief or threaten the security and safety of the state, and for dangerous criminals who have repeated crimes.