حكم ضرب المتهم و تعزيره في الفقه الإسلامي

Abstract EN

1.

beaten in the language many different meanings , including: beatings known , including the sense of copyright , and the population say : hit DRAM beat him beating any edition , including travel , trade , reportedly hit the ground if I traveled , seeking a livelihood , including marriage , and mating , hit the stallion camel beat Dharaba Nkhaa , including palm , and view , and exchange with him , and went on strike for Kvvt thing and turned away and hit him above his coin cashed coin introduce him any , and like them , and the match , and the instance .

2.

defendant language : an illusion , a Khtarat heart and combine illusions and the heart of an illusion and just thing to imagine and represent it in the presence or not , and the illusion is clear the road which is contained resources and issued sources , the charge idiomatically : is the ratio of crime to others , to demand the right to Judicial Council as may be achieved by demands for himself , accused idiomatically : defendant : the accused Flana : I thought it attributed to him , and said : who thinks it is attributed to him , which deserves its punishment , if the accused It was alleged by the forbidden act requires the punishment of aggression can not establish evidence it .

3.

discretionary language : Aezzr blame and Ezrh Aezrh Ezra and Ezrh response and Aezzr and discretionary multiply without limit to prevent the offender from recidivism and deter him from sin , and the origin of discretionary discipline and this is called a beating without limiting discretionary but it is a literature said Ezrth and Ezrth It antibody luxurious and Ezrh , and bone is about antibody and Aezzr victory sword and Ezrh Ezra and Ezrh claims and strength and victory , discretionary idiomatically : discipline is without sin no limit on the extent where , no expiation , originally from Aezzr sense Sturgeon , reply , and deterrence , and prevention .

.4.

that the charge does not release the man haphazardly, but a must-have signs , and signs indicate it , namely : : a.

The existence of the whole thing stolen , or when some of the accused , or see this thing with him even if there is no connection after him .

b.

Show the defendant in place of the theft , or watch a suspect in the crime scene after they occur .

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c.

The presence of some of the effects of the accused , such as his weapon , or to wear , or some of this in the place of the crime .

d.

fame , accused of murder , theft , and others in the place where the crime occurred .

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5.

The scholars were careful to divide the defendants , and their classification , and treatment based on this classification during the stage before the charge is proven guilty of the crime , and these varieties are : a.

Class known when people religion and piety , which is from the people of righteousness , piety , and it is not the people of the charges .

This is not locked up , no hits , but not Istaf in a two scholarly opinions , and accuse him of discipline as mentioned by many of them .

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b.

Class is unknown case does not know righteousness , and immorality , it locked up until outs on the situation .

Locked up months has been said , and was told locked up at the discretion of guardian .

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c.

hypocrite : a third category , which has known ment theft before it , or knew of the reasons such as theft to be known, gambling, and immorality that comes not only with money , no money , and so polluted it in charge.

6.

The rule hit the accused and Tazirh , where a dispute when the scholars of Islamic law on three doctrines : the first doctrine : Passport hit the accused , and Tazirh known corruption , immorality , and immorality , and sin ; to get him to confess , and the recognition by the governor , and judge alike , and this tap the view of some , the text of the owner of the owners , whom Imam grizzled , is the view of a group of Imam Ahmad owners .

The second doctrine : see the owners of this doctrine to say what he said the first doctrine owners passport hit the accused , and Tazirh known corruption , immorality , and immorality , and sin , but they scrutinized this beating Balouli without a judge , is the view of some of Imam Shafi'i owners , and Imam Ahmad , is the view of some scholars doctrines , and went to Imam Abu Bakr Aloamc .

The third doctrine : the inadmissibility hit the accused , and Tazirh , which according to the majority of scholars doctrines .