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.
Abstract
The purpose of the research is to determine how much do the external auditors’ qualifications in Iraq match the international requirements? And determine the necessary and priority requirements that the auditor should have in order to adapt with the changes in the community and the profession. The research partially focuses on comparing international institutes curriculum requirements with the local institutes’ curriculum requirements. Furthermore, it compares examinations of local students with the questions of these institutes and compares the requirements of these institutes to continuing vocational education with the local, as well as analyzes and presents the questionnaire results to find out the necessa
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Prais be to Allah the Lord of the Worlds and prayers and peace be upon our faithfull Prophet …. I wrote this Research entitled (The Imam Shams AL-din Abdulrahman Bin Qudamah AL-Maqdsi (died: 682 A.H) Slections in Slections in proving contract annulment choice (AL-tassriah)and its duration which Iclarrified the reason of choosing this title and my method in writing Morever, a brief Overriew of the life of Imam Shams AL-din Bin Qudamah and the meaning of (AL-tassriah)and whether it proves to the buyer to return it, beside the duration which (the tassriah) proven, and a conclusion in which I showed the results I reached and some recommendations that some researchers in the field of Jurispruden
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The research consists of four chapters. The first chapter is concerned with the research problem, the importance, the objectives, and the limits of the research, while the aim of the research answers the following question: The method and mechanisms of employing the traditional elements and vocabulary in the products of the potters “Seham Al-Saudi and Sajida Al-Mashaikhi”.
The second chapter came in the theoretical framework of the investigations and includes: The first topic: The second topic the movement in shaping contemporary Iraqi ceramics, whi
The financial markets are one of the sectors whose data is characterized by continuous movement in most of the times and it is constantly changing, so it is difficult to predict its trends , and this leads to the need of methods , means and techniques for making decisions, and that pushes investors and analysts in the financial markets to use various and different methods in order to reach at predicting the movement of the direction of the financial markets. In order to reach the goal of making decisions in different investments, where the algorithm of the support vector machine and the CART regression tree algorithm are used to classify the stock data in order to determine
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The leases, are regarded as one of the most controversial accounting issues in recent years, since they represents one of the important sources of funding, which may be exploited by the tenant as off- Balance sheet Financing , which negatively affects the quality of financial reporting. The Financial Accounting Standards Board (FASB) and the International Accounting Standards Board (IASB) have "significant" interest in accounting for leases . FASB issued Statement of Financial Accounting Standards 13 on lease contracts in 1976 and IASB issued IAS 17 in 1980, which was amended in 1997 and IFRS 16, issued in January 2016, which will be effective on January 1, 2019 , to solve
... Show MoreThe current research aims to verify the role of strategic intelligence as an explanatory variable in organizational success as a respondent variable in the colleges of the University of Fallujah, the research community. (Dean, Associate Dean, Section Head, Division Officer, Unit Officer), The researcher used the questionnaire as the main tool to collect data that included (50) items, in addition to using personal interviews and field observations as aids in data collection. The researcher relied on statistical programs (SPSS V.25; Excel V (16) In the treatment and analysis of data through the use of the most appropriate statistical methods (arithmetic mean, standard deviation, difference coefficient, determinatio
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