مبدأ شرعية التجريم و العقاب و مقتضى الإستصحاب

Abstract EN

The researcher began his research study beginning to point out the importance of identifying the concepts and terms in question, due to the association of the topic with more than one science, where the researcher touched on the definition of the concept of crime and punishment in both Islamic legislation and similar sciences such as law and social sciences, then the researcher stopped to define the concept of the principle of criminalization and punishment as a criminal concept, and then revealed the fact of the awakening of the fundamentalists, and this to enable the reader to understand different terms that belong to more than the art of legal sciences, and then addressed The researcher, through the second axis, sources the principle of the legitimacy of criminalization and punishment in Islamic jurisprudence and the legitimacy of the principle through the texts of the Holy Quran and the Prophet's Sunnah, to move in the second part of the same axis to indicate the most important rules based on the evidence of the origin of the association and its role in establishing the principle of the legitimacy of criminalization and punishment and its birth in the arms of Islamic jurisprudence and its origins.