مبدأ اليقين القانوني في النصوص التشريعية : دراسة مقارنة مع أحكام الفقه الإسلامي

Abstract EN

This research studies the principle of legal certainty as one of the foundations of legislation.

the research aims to define the term legal certainty and explain its importance, and to differentiate between it and judicial certainty, and legal security, and to explain its relationship with them.

it also aims to clarify the extent of the interconnection between this principle and the basic principles of criminalize and punishment, and to determine its effects on them.

among the most important results of the research is that legal certainty is the reach of legal articles to a degree of clarity and stability by which certainty achieved at individuals about the types of criminal acts and their punishment before they commit them.

to achieve this certainty, criminal articles must be written, clear, and specific.

legal certainty is one of the most important ways to legal security, and their relationship is a positive relationship ; the more the first is achieved, the greater the percentage of the second.

as well, the principle of legal certainty contributes to activating the principle of legitimacy.

the rule of non-retroactivity of the criminal text considered a prominent effect of the principle of legal certainty, and its origin at the same time.