أثر جسامة العقوبة في تقسيم الجرائم في الفقه الإسلامي

Abstract EN

One of the forms of the contemporary scholars’ concern in the Islamic penal legislation is comparing it with the civil laws, and showing the distinction of Shria on the civil laws.

This study discussed a group of comparison forms, specifically, in the issue of segregating crimes into qasas, hudood, and ta’zeer.

Does this segregation in the Sharia have a relationship crimes in the civil law, which is based on this significance, and is the percentage of segregation, in the recent historians in the Islamic penal figh, correct to the significance of the penalty? And, does this percentage result in the effect that resulted in the segregation of the law? Thorough this study, It was revealed the percentage of segregating the crimes in Sharia in the books of the late historians to the significance of penalties has defects, also the resulting effects on this percentage, as it was revealed that segregation of crimes in the Islamic Sharia has no obvious relationship regarding the dignificance of the penalty, nor with the resulting effects on this significance.