جريمة الخطف دراسة فقهية معاصرة مقارنة بالقانون الوضعي
Kidnapping Crime: A Contemporary Jurisprudential Study Compared to Positive Law
- الباحث
- كاظم كشيش علي
- المشرف
- أ.م.د. حيدر حسن ديوان
- الجامعة
- جامعة الكوفة
- الكلية / القسم
- الفقه / الفقه وأصوله
- الشهادة
- ماجستير
- السنة
- 2022
- لغة الرسالة
- عربي
- الكلمات المفتاحية
- جريمة الخطف;الفقه الإسلامي;القانون الوضعي;العقوبة
Abstract
Dealing with this subject comes under two aspects: the human aspect, as it sheds light on one of the natural rights of man and the impact of assault on him, and the scientific aspect. It is noted that this crime has increased according to the factual data indicated by the annual statistical studies in Iraq and accordingly, it is necessary to have a look at the Sharia’s attitudes towards this crime and comparing it with the law and the people, as an attempt to understand the link between this crime and the crimes accompanying or following it, in order to explain the reasons for its connection to the crime of kidnapping, with the aim of raising awareness and introducing the provisions of these crimes, their dimensions, risks and effects, to reach successful solutions that help jurists, the judiciary, and social reform institutions in the face of these crimes that threaten the social structure of the judiciary or even reduce this crime that sowed terror and fear in the hearts of individuals and its impact on the one society. The researcher dealt with the concept of kidnapping in Islamic jurisprudence, as well as the concept of kidnapping in legal jurisprudence. It also dealt with the characteristics of this crime as well as its elements. He dealt with kidnapping and its overlapping terminology and motives and jurisprudential adaptation to it. As for the overlapping terms, they are: captivity, theft, spears, prostitution, robbery and captivity, as well as dealing with the motives of the objective characteristics of this crime and dealing with the evidence of the prohibition of kidnapping from the Qur’an, as well as from the Sunnah, the opinion of scholars in the interpretation of Quranic verses on the subject of kidnapping, as well as the terms overlapping with it, and the punishment of the offender in this crime, that is, the crime of kidnapping in Islamic jurisprudence and positive law. This crime is considered one of the terrorist crimes that have an effect and dread when it occurs in the hearts of individuals. The Iraqi legislator has dealt with the penalty for the crime of kidnapping people in the Iraqi Penal Code. No. 11 of 1969, amended, and there are circumstances in the penalty for kidnapping crime, including sever, extenuating and exempt.
طلب نسخة من الملف
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