الأعضاء المستأصلة في عقوبة تعزيرية و بيان حكم الانتفاع بإعادتها

Abstract EN

The purpose of this study is to clarify the sentence of the reuse of the ablated organs in a discretionary (tazir) penalty.

It also explains the fact of the discretionary penalty and its legitimacy, reasons, conditions and requirements and prescriptions.

This topic was not addressed by the first jurists because it was not perceived in their time, but in our time, it became possible so this is the cause of this research.

One of the most important results we have concluded : it is not permissible to use an ablated organ for the same one we ablated because we do not judge one of the perpetrator's organs only after we have dealt with him gradually in the grades of discretionary (ta'zir) and its types in terms of preaching, reproving then imprisonment then defamation then and finally crucifixion.

If we judge to reuse his ablated organ, we have cancelled the legitimate purpose of this sentence.

One of the most important recommendations we have concluded : to examine the impact of cutting or killing in a discretionary penalty on the communities where drug dealers are known to infringe the society young women.