Crimes are prohibited by law and God Almighty has forbidden them with punishment or punishment.
The punishment is the prescribed punishments that the law has determined in its place and stipulated in the Book of God or the Sunnah of His Prophet, may God bless him and grant him peace.
Ta’zir: These are the punishments that are left to the ruler to assess according to what he sees as preventing corruption on earth and preventing evil. Extrapolation has proven that all the provisions of Islamic Sharia include the interests of the people, and they are based on five matters: what is in it is preserving the religion, what is in it is preserving the soul, and what is in it is preserving the soul. It involves preserving the mind, preserving offspring, and preserving money. This is because the world in which man lives is based on these meanings without which human life is not available, and that God Almighty has honored man in this existence. God Almighty said: And We have honored the children of Adam and carried them on land and sea and provided them with good things and favored them over many of those whom We created with a great preference. (Al-Isra: 70)
This honor requires the availability of these five things, preserving them, and preventing any attack on them.
Preserving progeny means preserving the human species by regulating marriage, preventing attacks on marital life, prohibiting adultery and imposing a punishment for it, because that is an assault on the human trust that God has entrusted to the bodies of men and women, so that from them may be offspring and reproduction, which prevents the extinction of the human race and allows it to live. Stable and happy, and therefore the punishment for adultery and other punishments were set for crimes involving assault on offspring, and were in violation of the social dictionary. The punishment for adultery is obligatory in order to protect the goods from being lost, and because it is a great indecency and one of the great sins - which entails extremely serious harm to the individual and society from a psychological, physical, social, and economic perspective. The heavenly laws have agreed to prohibit adultery, and its punishment in Islam is one of the strictest limits due to it. From a crime against honor and lineage, and for harming the entity and safety of the group, as it is an assault on the family system, and the family is the foundation upon which the group is based, and because its permissibility is the spread of immorality, and this leads to the destruction of the family entity, the corruption of society, the rupture of its unity, its dissolution, and the collapse of the components of the nation, and Sharia is keen The utmost concern is for the group to remain cohesive and strong, free from social and other diseases. The view of Islamic law on the nature of this crime differs from the view of positive criminal law. Adultery in Sharia is a punishment crime stipulated in terms of criminalization and in terms of punishment. There is no difference between a married adulterer and an unmarried adulterer. Al-Muhassan (unmarried).
In statutory criminal laws, adultery is not considered a crime that automatically requires punishment, and the adulterer is not criminally liable, unless one of the spouses files a lawsuit. Accordingly, one of the spouses is not legally punished if the other spouse consents to him committing the crime of adultery, and he has the right not to file a lawsuit even if the adultery occurred without his consent, as it is A purely individual crime in law.
As for Islamic law, adultery is considered an assault on the right of society (the right of God or the public right). It is forbidden in and of itself, and consent has no effect in criminalizing the act or not. The threshold for adultery must be met even if the crime was committed by agreement of both parties. Whether they are married or not, unless one of them is forced and the crime of rape is committed with him. The punishment is not met for the one who commits adultery through coercion or rape. As for the adulterer and rapist, the punishment required for this crime is applied to the adulterer and rapist.
This punishment is not affected by the consent between the criminals, or the waiver or abstention of one of the spouses from filing the lawsuit, because the impact of the crime of adultery does not stop with the perpetrators, but rather its impact extends to the entire society.
Praise be to God, we praise Him, we seek His help, we seek His forgiveness, and we seek refuge in God from the evils of ourselves and our bad deeds. . The marriage contract, like other contracts, gives rise to reciprocal rights and duties that bind both the husband and the wife, pursuant to the principle of balance, equivalence, and the equality of the parties to the contract on which every contract is based. . That is, women have rights over men similar to what men have over women, or that the basis for estimating these rights and duties is custom based on the nature of both men and women. The Iraqi Personal Status Law stipulates all the financial rights that the wife is entitled to from her husband: namely, the dowry and alimony. As fo
... Show MoreResearch title: Ruling on abortion in Sharia and law.
The importance of research: Projection is of great importance because it touches the life of a living being who enjoys human qualities. However, this organism often wastes its rights and does not protect its human beings. These souls are lost in millions by the sake of casual desire or hidden desire.
The research plan: The research dealt with an introductory topic, four topics, and in each topic there are demands, branches, and a conclusion.
The most important findings of the study: The ruling on aborting the fetus in the Sharia is only permissible (and the necessity is valued at its va
... Show MoreSome of the issues that have become common in our society recently after the Americans entered our country and were rubbed by some security agencies: obtaining some information from children, and the serious consequences that may lead to the lives of innocent people, became common interrogation of some security agencies and rely on their words.
There are significant cases where their testimony needs to be heard, such as their presence in some places where incidents are not witnessed by others, such as schools or being witnesses to certain crimes.
I saw the study of this case in the light of Sharia and law
Praise be to God, prayer, and peace be upon the Messenger of Allah and his God and his companions. The field of the judiciary to prove or invalidate some cases in the field of proof of descent and attachment to the plaintiff or exile, and other legal and judicial issues, especially in this era where the spread of previously unknown evidence, such as DNA, which was discovered in 1953, and the genetic fingerprint discovered 1984, blood analysis and a Saliva, sweat, poetry, etc. in the field of forensic evidence, in forensic medicine or medical expertise, it can be used to identify the killer, or verify his identity, using all the evidence in the scene, such as a point of blood or sweat, and the like So, as well as to prove the lineage is u
... Show MoreThe prevention of crime is important in the field of public health the side of preventive him an important role as the side of therapeutic role ,the preventive measures in crimes harmful to public health have an important role in addition to the punitive methods has been identified legislator Iraqi a set of preventive measures to fight crime harmful to public health preventive measures to prevent the transmission of in fectious diseases as well as the interest in education, healthcare, environment ,health sound to maintain public health.
We are in turn ,we study the preventive measures in crimes harmful to public health and the importance of its role in the prevention of crime prevention and, we explained the position of each of
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Considered despicable motive of the most accurate indicators that reveal the amount of serious criminal, Which involves the character of the perpetrator and on whose basis the penalty is estimated,The origin is that the despicable motive doesnot affect the existence of the crime ,But it affects in punishment, the despicable motive has a set of characteristics that ensure its distinctiveness from other cases that have an indication of the perpetrator of the crime,the despicable motive has privacy in some contemporary crimes, as it enters the composition of the criminal intent of the actor does not do the moral side without it.and therefore it is not doing crime,Such as terrorist offenses, hate crimes and the offense of in
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This research is entitled "International criminal Responsibility for terrorist crimes". Individuals bear the international criminal responsibility for supporting terrorist crimes, whatever their status, whether they are ordinary persons, heads of state or state officials. They could be prosecuting through national or international courts. Although terrorist crimes are not mentioned in the Statute of the International Criminal Court, terrorist groups may be prosecuting before the International Criminal Court when they commit international crimes within the jurisdiction under the Statute of this court, i.e., genocide, crimes against humanity or war crimes. Leaders and officials of States that support terr
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The Islamic Issue did not rise the “widespread arguments” in contemporary times, just as the issue of applying Islamic Law. Just as the Islamic forces used this purpose, or employed it during their march to reach to power by adopting the sacred as motivation towered the power, or control the governance. However, the reality show that this goal remained within the boundaries of slogans in the sense of a teleological slogan, and did not go beyond the limits of advocacy or arrangement as the primary source of legislation with differences of teleological reasoning, in a manner that reflected an intellectual problem about the validity of the use of this concept or the ability to apply and enforce the law in today's world, to impose
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Granting rights, especially procedural, to victims before the International Criminal Court (ICC) is a fundamental departure from international criminal courts, whether (temporary or mixed military courts), and for the first time in the history of international criminal justice, victims can participate in reparations procedures before the Criminal Court. Where they can express their views and concerns at all stages of the proceedings, as the 1998 Rome Statute made the victim an active party in the court proceedings by recognizing a number of rights, such as the right to participate in the trial, the right to protection, and the right to legal representation, As well as the right to reparation or compensation.
The research, entitled: "The Development Theory of Women's Empowerment in Islamic Sharia Law ", aims to show the means of human development for women through the texts of the Quran and Sunnah. It talked about the concept of human development for women, the goals of women's empowerment in legislative texts, the goals of human development in empowering women, the developmental aspect of women in the Sunnah of the Prophet, the integration of development in Islamic Sharia Law , and then the conclusion and sources.