العود إلى حد السرقة في الفقه الإسلامي و النظام العقابي اليمني

Abstract EN

The return to the thieve in Islamic jurisprudence and the Yemeni punitive law considers part from Islamic doctrine and comparative with criminal law studies.

The importance of this study lies in the fact that the return to the crime is a phenomenon that considers as a great concern to Shariah and criminal scientists.

And the objectives of the study are evident in explaining the danger of recidivism to crime in Shariah and criminal laws, and the researcher followed the comparative approach between Islamic jurisprudence and law.

The researcher uses the comparative method between Islamic jurisprudence and the Yemeni penal law.

The researcher concluded this study with a conclusion that included the most important findings and recommendations.

One of the most important results was that returning to the crime means repeating its act and referring to it by committing it over and over, and that the Yemeni criminal law has reminded the return to the robbery in some of its texts.

As for the recommendations, the most important of them are: Giving judges a wide authority to set the appropriate punishment for repeat thieves, and also avoiding or fulfill the gab or shortcomings of the Yemeni law, by encode the items that should contain the return to all crimes .