القتل تعزيرا للمصلحة العامة في ضوء الشريعة الإسلامية و مقاصدها

Abstract EN

Murder with the aim of punishment according to public interest in the light of Islamic law and its Objectives
Mona Mahmoud Farid Ahmed Ghaly
Department of Comparative Jurisprudence, Faculty of Islamic and Arabic Studies, Al-Azhar University, Zagazig, Egypt.

E-mail: monaghaly1511.

el@azhar.

edu.

eg

The glorious Islamic Sharia is based - in general - on achieving interests and warding off evil, and therefore it requires the preservation of the five necessities (religion, soul, reason, offspring, and money).

As it is the basis of the goodness of life, so that the aggressor of one of them deserves to be punished.

punishment is divided according to these necessities into three parts: the first: hudud crimes, the second: crimes of retribution and blood money, and the punishment in each of these two sections has been assessed, and the third: discretionary crimes, and the punishment for them is not assessed.

It had been left its matter to the governors of affairs in what they see as equivalent to the crime, and according to time, place, people, .

.

.

, and its severity also varies according to that.

Islamic Sharia made murder an obligatory punishment for five crimes: four of them in hudud crimes; These are apostasy, adultery, warfare, prostitution, and only one crime of retribution.

It is the deliberate killing.

As for discretionary penalty, jurists have set a disciplinary measure for it.

It is: Whoever commits an evil or harms another unjustly, by word, deed, or gesture, whether Muslim or non-Muslim.

They also have set an officer to target it; It is Reprimand, discipline, and reform, in a way that achieve deterrence of the criminal, stops the crime, and protects the public interest.

But is it permissible to sentence death as the most severe discretionary

punishment? Because of murder is the heaviest punishment ever.

As it works to end the life of the criminal, does it remain discretionary penalty when it is called discretionary? ! Is it then a discipline and reform? Is this up to the judge or guardian olutely and only in accordance with the public interest, or are there restrictions and conditions that must be met before the judgment of the death penalty? Are these controls specific to the perpetrator or the crime itself? This research comes to answer these questions, through extrapolation of the legal texts, and the sayings of the jurists, with an explanation of the Objectives of Islamic law in that.