حكم الردء و الطليع في جرائم الحرابة" الإرهاب" : دراسة مقارنة

Abstract EN

Among the serious crimes that affect the security of societies and even endanger their existence are the crimes of banditry، which are close to the contemporary legal terminology (terrorism).

Strict legislation has been enacted in the Islamic jurisprudence to deal with these crimes، as well as the positive laws.

These crimes are carried out only with the concerted efforts of multiple individuals، called partners or accomplices، who may be directly involved in the criminal act.

Here، their punishment is the same as that of the direct perpetrator.

The participant may not be original، but a supporter or subsidiary participant.

Scholars disagreed over the suitable punishment to these.

Some of them considered that the punishment is the same as the penalty of the original perpetrator، and that was confirmed by the Iraqi count-terrorism law in force for this punishment، because the crime couldn't have been carried out without support، even morally.

Another group of jurists opted that the rule is to punish each perpetrator by the amount of their sin، and that these are not direct actors، so that they will not be punished، but they should be disciplined and admonished according to what they have done.

This study investigates the impact of (rid' and talee') on the contemporary terrorist crimes، which are accurate and represent an integrated system that complement each other.

After examining the sayings of the jurists and their evidence، the researcher concluded: First، to say that they are punished by the penalty of the original perpetrator is not valid and is contrary to the rule.

Second، the subsidiary accomplice in the contemporary terrorist crime is different in its impact on the participant in the crime at the time of issuing the fatwas of the jurists as it currently represents a unified work distributed regularly to the members for each role in its completion، which requires the judgment of the same direct perpetrator.

The research recommends that professors the distinguished scholars consider the previously prescribed punishment and amend the sentence according to the change of subject