ضمان الدية من بيت المال دراسة مقارنة مع القانون الوضعي

الباحث

مها عذاب فاضل الزاملي

المشرف

أ.م.د. سعد جاسم لفتة الكعبي

الجامعة

جامعة الكوفة

الكلية / القسم

الفقه / الفقه وأصوله

الشهادة

ماجستير

السنة

2022

لغة الرسالة

عربي

الكلمات المفتاحية

ضمان الدية;بيت المال;الفقه الإسلامي;القانون الوضعي

The Islamic Sharia pays great attention to the right to life, which is represented in the level of the legislations that have been issued. Indeed, the Holy Qur’an considers the loss of a single life as killing all of humanity . The Almighty said: (And whoever kills a soul without a soul or corruption in the land, it is as if he killed all people, and whoever saves it, it is as if he saved all people .) The worldly penalty for the perpetrator of this crime is retribution for murder. As for the one who unintentionally causes death, he must pay blood money to the victim’s guardian . The origin of the blood money is that it is owed to the offender in the premeditated killing if the blood guardian pardons, and to the rational person in the accidental killing . This financial penalty has two aspects : The first: It represents respect for the life of the person who lost his soul, so the issue does not pass without consequences for the offender . Second: More care for the heirs and parents and compensation for the loss of a family member, even if financial compensation . Rather, the Islamic Sharia has dealt with in its legislation common cases in daily life, and these cases prevent the implementation of the legislation that has advanced in retribution and blood money, such as the escape of the offender, or his lack of knowledge, loss of sane, or poverty, which means that the goals desired by the Islamic Sharia are not achieved. These resources represented the research problem in this thesis . In order to identify the subject of these cases and their conditions, it is necessary to hold an extensive study dealing with the limits of these resources and their evidence . It dealt with it in terms of legal evidence, and the sayings of jurists, in comparison with the positive legal legislation in order to clarify the points of convergence and difference between Islamic legislation and positive legislation . The treatment was to guarantee the blood money of the slain from the treasury, which represented the state treasury at the time, and this legislation is a great precedent for Islamic legislation . This research is of great importance as it represents a solution to many cases in which human life goes to waste, while the evidence guarantees a general rule that the blood of a Muslim is not wasted. This research covers a large area of people's material and moral rights . Moreover, Islamic legislation is also a source of Iraqi law, and accordingly, a recommendation can be made to the legislative body to enact a law to compensate for some cases in which it represents moral reparation for families who lose their children in the resources of the legitimate security or other . In this study, the researcher followed a set of approaches represented in the analytical, inferential, and comparative approaches . The research includes three chapters preceded by an introduction that included the research problem, its importance and the detailed plan for the research, and concluded with a summary that included the most prominent findings of the research . The most important search results were as follows : 1-The Islamic legislation’s comprehension of many issues in terms of clarifying the philosophical basis of the legislation, which is the preservation of rights, whether it is for the slain so that his blood is respected so that it does not go to waste, and in terms of the rights of the heirs 2- There is no general text that guarantees the state’s obligation to compensate the victims for the damages they suffer as a result of the crimes. Rather, all there are scattered texts that dealt with special categories of citizens only, and that it is impossible for insurance companies to compensate the victim while the Sharia provisions include various applications. This shows the capacity of this legislation and the lack of limited to a few and limited resources . 3- The delay of the Arab countries compared to other European countries in the process of compensating the victims, in addition to limiting them to very few resources, such as compensating the victims of the former regime in our country, Iraq, as well as the victims of terrorism, despite the fact that the Arab countries are older than others in regulating the idea of the state’s obligation to compensate . Through the advanced results, it became clear that the Islamic law pays great care taken to preserve the right to life and treat all the effects of assault on it, which provides the highest level of compensation and treatment for such cases.

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الاسم

رقم الهاتف

البريد الإلكتروني

الغرض من الطلب (اختياري)

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