التعزير ودوره في الجرائم المتعلقة بالميراث: دراسة مقارنة بالقانون رقم (٢١٩)‎ لسنة (٢٠١٧)‎

Abstract EN

In respond to a dangerous social phenomenon, that causes many social and economic problems, where some heirs monopolize the largest share of succession and deprive the rest of the heirs, especially women, the Egyptian legislator, by issuing law NO.

(219) of (2017 AD), has criminalize this conduct.

this legislation raised a cognitive problem about the extent to which this punishment conforms to Islamic norms.

this article consists of an introduction, two sections, and a conclusion: the introduction contains the importance of this topic and the research methodology.

the first section: Ta’zir and its role in contemporary criminal systems, an intro.

and three chapters as follows: the first chapter: Ta’zir, its concept and ruling, and the second chapter: the legality of Ta’zir punishments related to the law.

the third chapter: discretionary provisions related to law NO.

(219).

the second section is entitled: the role of discretionary punishment in crimes related to succession, and it discuses succession crimes in Egyptian law, the legal purposes of discretionary punishment and their relationship to succession crimes, and reconciliation in discretionary crimes.

finally, the conclusion contains the most important results and recommendations.