عذر الاستفزاز عند المفاجأة بالزنا : دراسة مقارنة

Abstract EN

This article aims to highlight the defense of provocation at the surprise of adultery and demonstrate its origins and its philosophical foundation and the various conditions to which it obeys.

However, controversy exists as to the approach of this excuse in different positive rights.

Some see an exemption from punishment by their position and join the majority in the Islamic law.

Creel by the majority of positive rights consider the defense of provocation as a mitigating the penalty referred .This study also demonstrates its legal effects.