أوجه التشابه والاختلاف في أركان وعقوبة القتل العمد بين الفقه الإسلامي والقوانين الوضعية: دراسة مقارنة

Abstract EN

The penalty for premeditated murder in Islamic law is fixed and does not change and does not change and its reference is divine legislation, while man- made laws do not have a fixed legal reference.

the offender and that he intends to die, and that the penalty for premeditated murder if it is accompanied by an aggravating circumstance is retribution (death), and it violates the Sharia law in the event that premeditated murder is abstract; That is : it is not accompanied by an aggravating circumstance, in this case the law is punishable by life or temporary hard labor.

In this research, the similarities and differences between Islamic law and positive law in the pillars and the penalty for premeditated murder were explained.