قتل الغيلة بين الحرابة و القصاص

Abstract EN

In this research the subject of Algilah killing (assassination) has been discussed from different aspects: its concept, types, legitimacy and the Fiqih adaptation.

There are tow opinions in Fiqih adaptation for Algilah killing: the first states that assassination is a type of Hirabah's Crime, so it takes Hirabah's penalty.

The scconcd states that assassination is a type of purposely killing, so it takes penally of Qessas.

There for inheritor can forgive a killer.

Both opinions have been discussed in this research.

Then, the preponderant opinion has been inspected.

In addition, the definition and properties of Hudod and Qessas have been explored as well as the opinion of Yemeni's law.

After that, the political assassination has been discussed in addition to other related issues.

Finally, the research reached the following conclusions and recommendations: Al-Gilah Killing belongs to Al-IIudod in Islamic jurisprudence and il lakes penally of H'.rabah, so nobody have the nght of forgiveness on this crime.

This is the opinion of Al-Emam Malek and the research is compatibalc with Al-Emam Malek opinion and recommended it, because it is effective to thwart these crimcs.

In addition, the research recommended to lake in consideration the collective Ejtehad in respect of creation of suitable opinions for contemporaneous crimes.