حالات التعدي و حكمها في المسؤولية التقصيرية بين الفقه الإسلامي و القانون العراقي

Abstract EN

Praise be to Allah , peace and blessings be upon the noblest of God's creation companions Mohammed bin Abdullah Al-Arab Prophet illiterate faithful person, with his family and companions.

That realism view is reflected in the Islamic jurisprudence does not exaggerate in the government for compensation, who may judge by what he has done for each victim of the profit or loss of the right but take into account the principle of punishment or the theory that depend on of belonging to that he take the benefit of something should bear its harm, Therefore, the criminal punishments apply to everyone no what ever his character ensuring the implementation of legal provisions, and a commitment to target the protection of virtue, morality and dignity.

Hence we decided to write about cases of tort, which is part of the concept of security in Islamic jurisprudence so we divide the research into two chapters, in the first chapter we talked on the definition of infringement and tort sides , and in the second chapter of infringement in the tort , it was in three sections.

Do not ask any one it was a civilian or criminal act, the decision principle of individual or persona responsibility is the Highness of the human being and honor the sense of his existence, individuality and seriousness in this life But this individual in Islam, as is well known not absolute but are restricted to the group, including the rights of various public interest, is achieved by the principle of socio-economic balance among the people.

At the end, I ask Almighty Allah to guide us all in favor say, beautiful work, and peace and blessings of Allah on the Prophet Muhammad and all his family .