التنازل عن الشكوى في الفقه الإسلامي و القانون الجزائري : دراسة مقارنة

Abstract EN

Waiver of the complaint in Islamic and Algerian law, a comparative study.

This study aims to extract the similarities and differences between the Islamic and Algerian legislations regarding the issue of waiving the complaint, which means to leave the victim or his representative his right to pursue the perpetrator and demand the implementation of the punishment, where the Algerian legislator agreed with the provisions of Islamic law to make the waiving of thecomplaint one of the reasons for the termination of the Public proceedings in some crimes, such as the crime of family negligence, the crime of kidnapping a minor, and others, and are considered as punitive crimes for which a personal pardon is permissible.

The two legislations differ in other crimes, and The reason for that is the nature of the victim’s right, whereas The Islamic law allows pardon for the crimes of retribution and blood money, because the right of the aggressor is a personal right, and does not allow pardon in regulated limits because it is the right of God and society.

But the Algerian laws disagree, as it don’t restrict the crimes of premeditated murder by a complaint and therefore cannot be waived because it is considered that the violated right is the right of society, unlike the crime of fornication and theft between relatives, which they are considered to be related to the personal rights of individuals and then authorized to waive.