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.
This research is based on the descriptive and analytical methodology. The importance of studying labor laws and labor unions in Japan between 1889 and 1946 constitutions is because Japan was out of a feudal phase, and had no idea about the factory system and industrialization in their modern sense before the Meiji era. Generally, its labor system used to be mostly familial, and the economic system was based on agriculture. This called for the enactment of legislations and laws appropriate for the coming phase in Meiji era. Thus, this paper examines the role of Meiji government in enacting labor legislations and laws when he came to power in 1896, and his new constitution in 1889 and the civil code of 1896. It further examines the way Mei
... Show MoreThis paper aims to identify the contents of the advertisements of the (Take the Vaccine .. to Protect Yourself) campaign that was carried out by the Iraqi Ministry of Health for the period from (11/19/2020) to (4/1/2022), to raise awareness of the anti-Covid 19 virus vaccines, which it published on its official page on Facebook. The researcher used a comprehensive inventory method for the research community, and used the content analysis tool.
... Show MoreSummary:
The A. H. 7th century had witnessed an obvious development
in the Yemeni scientific process. The most important reason
being the establishment of the Resooliy State (A. H. 626-858)
which had achieved economic and scientific prosperity in
various fields of knowledge. Its sultans had participated in
building schools, purchasing books, summoning of scientists,
presenting gifts, and encouraging scientific journeys in and out
of Yemen. Therefore, studies had thrived and authorship
widened, and there appeared not a few number of scientists..
This study investigates the factors that led to the outbreak of protest movements in Sudan, since Sudan’s independence in 1956 until December 2018. The study aims to identify the role of protests in bringing about political and social transformations in Sudan, besides identifying the factors that help in the success or failure of the governments that resulted from those protests, with special emphasis on the challenges of the government of the 2018 revolution. The main results of the study reveal that the December 2018 protests are the largest in term of numbers, and witness huge participation of youth and women, and the slogans raised were national and comprehensive. However, the challenges that the transitional government is going th
... Show MoreThe research revolves around the views of Al-Amadi and Al-Jurjani in the metaphors in their books, balancing Abu Tammam and Al-Bohtari, and mediation between Mutanabi and his opponents. And others whose poems were cited. One of the most important things we have reached is: the critics release the term metaphor to take sometimes and mean to take the meaning or steal it, and analyzed the evidence of metaphor as a rhetorical art in the light of what he heard about the former Arab poets, rejected the unusual metaphor out of use, and reclaimed the familiar metaphor. The research after submitted to the topics are: the first: Al-Amadi and his budget book, the second: Al-Jurjani and his book of mediation, and the third is divided into three dema
... Show Moreالمقدمة
الحمد لله رب العالمين، وأفضل السلام وأتم التسليم على سيدنا محمد، وعلى آله وصحبه، أجمعين، وعلى من تبعهم بإحسان إلى يوم الدين، أما بعد.
فإن مسألة التعارض بين الرواية، والفتوى، من المسائل المشهورة عند الأصوليين والفقهاء،وهي من مباحث السنة عند الأصوليين، والتي تبنى عليها مسائل متعددة، وهي من أسباب اختلاف الفقهاء، فإذا ما روى أحد الرواة حديثاً معيناً، ثم عمل بخلاف ما روى، فللعل
... Show MoreResearch Hypothesis from the fact that kicks off the effect that agricultural production in Iraq plays an important role in overcoming the food problem and achieving food security, but he became far far away from the provision of sufficient quantities of food products and then securing the Iraqi consumer food basket by the challenges faced by the agricultural sector.
To prove the hypothesis research in its structure in three axes came, the first axis eating historical significance to the subject of food over time periods as well as to clarify the concept of food security, and the second axis touched on the most important challenges facing the agricultural sector in Iraq and prevent the achievement of food requirements for members of
The goal of the research is to highlight the role of the governance and its characteristics in increasing the tax outcome by implementing the laws, regulations and annual controls issued annually from the general authority for taxation for the financing of the general treasury of the state, Additional development and economic capacity, As the search shares a view of the governance and its characteristics and its ideas from increasing tax output. The analytical transparent approach was used by adopting the practice of practicalities of the general authority for tax For quotations in the senior cabinet section ,the revealing of the ongoing operations was relied on the revenue for each financial year, The tools adopted in the process of ana
... Show MoreThe poster is one of the means which can be communicate with others through it, to transfer ideas that the designer want to focus on, for its importance to accomplish the poster. It’s a visual mean contact aim to submit an idea to the audience to get a clear idea, and that would be through the shapes and subject to submit the idea. Depend on that our goal in this study is to find out, what follows:1-Finding the relationship between the shape and the idea.And the study comes up with several results, like:1-The drawings that contain themes connected with what the designer want to achieve, through the clearness of idea and to make those elements clear by putting more elements to surround the main shape.2-To assure that the strong connecti
... Show MoreThe research aims to highlight the significance and composition and the diversity of meanings and the Quranic context in the necessary and transgressive verbs in Surat (Abs).
This research consists of : a preamble , and two studies . The researcher addressed in the preliminary the importance of the phenomenon of necessity and infringement, the signs of the necessary action , the structure and controls of the act , the methods of infringement , its sections and signs.
As for the first topic : The researcher addressed the necessary verbs in Surat Abs , an applied study in terms of grammati
... Show More