الوقاية من الجرائم المالية في القانون العراقي و الفقه الاسلامي

Abstract EN

Prevention of financial crimes in Iraqi law, is one of the great goals that the Iraqi legislature seeks to achieve is to keep pace with the development of crimes that are increasing in numbers and types and threatening the financial interests of individuals and society.

The Iraqi Penal Code is among the laws that adopted criminalization, punishment, and preventive measures as a method for reforming criminal behavior and deterring the perpetrator by understanding the criminal motives and how to address them.

Financial crime is becoming more and more dangerous with the development of the scientific and economic community.

The criminal legislation aimed at preventing crime is worried and undergoing constant changes, and this is what makes the positive legislation characterized by instability.

What is meant by the lack of stability is the multiplicity of amendments to legislation due to the development of ongoing crimes in terms of their quality, manner of commission and the nature of the harm caused by their commission, and possibly the introduction of new penalties for new crimes that the legislator did not mention due to their lack.

Islamic criminal legislation for the prevention of financial crime is characterized by wholeness, comprehensiveness and stability, and is valid for every time and place for its flexibility.

Punishment in Islamic law is prohibitive before it is committed; It is a deterrent after it, that is, it is a deterrent to the criminal and a bully for the wrongdoer, aiming to protect the individual and society, and achieve justice by punishing the perpetrator.

And also to calm the anger of the victim or his family and heal their chest by punishing the criminal instead of their extravagance with revenge on him, which causes crimes to spread and chaos in society.

Punishment in Islamic law does not mean distress, pain and revenge for itself, but rather a supreme goal, which is to plant fear and panic on the criminal.

To reform him and to prevent him from re- commit it ,this is done through preventive measures that restrict or deny freedoms or rights, which differ in terms of name, in positive laws they are known as preventive measures, while in Islamic law it is the punishment of discretionary , because the punishment of discretionary is discipline, deterrence and restitution.

It is among the punishments that the Shari’a did not assess, but left its assessment to the judge in proportion to the investigation of remedy and reform in crimes in which no one does not expiate, whether in crimes of assaulting the right of God or the right of individuals.

And the wisdom of the flexibility of criminalization and punishment, in order to include all the crimes that occur in society.

Its sources are also established, which are the Holy Qur’an, the purified Sunnah of the Prophet and the reliable narrations from the people of the House of Prophet hood and other sources.

The rulings of the Holy Prophet (PBUH) and the judicial applications of Imam Ali (PBUH) in many financial crimes prove that prevention of financial crime was born from the womb of Islamic legislation and is more effective in deterrence and repudiation than positive legal texts .In countries whose legal texts contradict the provisions of Islamic legislation, financial crimes are on the rise, especially developed countries, due to the inability of the criminal legislator to find a preventive policy at the level of development in the number, types and means of perpetration of crimes, using modern technology and more effective means in the execution of the crime.