عقوبة الإعدام بين الشريعة الإسلامية و القانون الوضعي

Abstract EN

The death penalty is considered one of the oldest corporal punishments known to mankind, and Western criminal thought considered it the appropriate means to reduce crime, but this did not prevent its spread in Western society, which sparked debate about the feasibility of this punishment, which has become the essence of the difference.

Among the countries of the world, with their different legal systems, The debate has intensified about what the international community has known about the escalation of demands for the foundations of democracy, the principles of freedom, and the resulting globalization of international standards for human rights, and calls for the sanctification of the right to life, All these changes are the impetus for finding appropriate solutions, to put an end to this debate, and to reach that, I think it is necessary to start searching for the origin of this punishment between Islamic law and positive law, and search for the deficiencies of positive law that prevented achieving the goal.

, To include this punishment in its legal legislation.