الجرم المشهود في القوانين العراقية القديمة
The Witnessed Crime in the Ancient Iraqi Laws
- الباحث
- استبرق عامر ذنون صفاوي
- المشرف
- محمد عبد الغني البكري
- الجامعة
- جامعة الموصل
- الكلية / القسم
- كلية الاثار / قسم الآثار
- الشهادة
- ماجستير
- السنة
- 2023
- لغة الرسالة
- عربي
- الكلمات المفتاحية
- الجرم المشهود ; القوانين العراقية القديمة ; شريعة حمورابي ; القانون الجنائي
Abstract
In the Name of Allah, the Merciful, the Compassionate Praise be to Allah, Lord of the worlds, and peace and blessings be upon Prophet Mohammed, his family, and companions, and those who followed him until the Day of Judgment. The old Iraqi laws were characterized by maturity and distinctive legal thought. This study deals with many issues and situations that we find resonant with the current man-made laws. Among the things we dealt with is ((the case of flagrante delicto)). The flagrante delicto is one of the topics that represent an important aspect and a prominent element, especially in the evidentiary evidence in various criminal cases. A person is born with a sound instinct that does not know harm or crime. The surrounding environment also contributes to shaping and influencing his personality. Some people may be exposed to negative influences. As a result of the influences surrounding them, they may deviate towards doing bad behavior and committing unacceptable practices for a normal person, which leads them to different types of crimes. In certain cases, these crimes may be seized during their occurrence, or their tools may be seized in the hands of the criminal himself, and this is called “red-handedness,” as it is considered the strongest evidence. Hence, crime can be considered a natural phenomenon that correlates with life where it exists. Crime in its simplest sense is aggression against others. Society's interest in crime and its perpetrators is old. Its roots extend to where man found on earth. There is hardly any time without it. It is an ancient negative social phenomenon since the beginning of creation, when man unjustly abused his fellow men. Cain's killing of his brother Abel is evidence of that. Since then, humanity has witnessed many types of crimes. Among the most important of those elements that help to detect these crimes is the case of flagrante delicto. The case of flagrante delicto helped the judiciary achieve justice and was considered an important element in many legal matters and gave a legal explanation for some crimes, hence the importance of our research ((the crime witnessed in the ancient Iraqi laws)), as an important part of the legal and judicial system that appeared in ancient Iraq (Mesopotamia). The study uses the analytical approach of the relevant legal materials. Flagrante delicto was mentioned in the old Iraqi laws in ((34)) legal articles that dealt with a group of cases in which flagrante delicto could be achieved, such as the crime of theft, the crime of adultery, the crime of covering up criminals, and others. Also, it studies how the old Iraqi laws dealt with it and dealt with the situation in those articles. It does not differ much from what is found in the current statutory laws. In translating the legal materials, we relied on the book of Prof. Dr. Amer Suleiman, entitled (Examples of Cuneiform Writings: Legal Texts). The study aims to shed light on flagrante delicto by identifying the most serious witnessed crimes and indicating their types, reasons, and location of their occurrence. In addition, an indication of the extent of its danger to the family on the one hand and its impact on society on the other hand, and the position of the old Iraqi legislator to limit its spread. One of the reasons that prompted us to choose the topic is the scarcity of what is written about the criminal aspect in ancient Iraq. As for the difficulties that we faced in the study, they are that the subject is new and has not been addressed previously. So, we had to extract information and analyze it from the relevant legal materials and cuneiform texts that implicitly referred to the subject. The study is divided into three chapters. The first chapter consists of two sections. The first section includes the meaning of flagrante delicto linguistically and technically. The second section includes legal texts related to the flagrante delicto, including codified laws, legal documents, and letters. The second chapter consists of two sections as well. The first of them talks about the flagrante delicto in the crime of theft in normal and aggravating circumstances. It also talks about the flagrante delicto in the crime of escaping and sheltering slaves. While the second section deals with cases of flagrante delicto in adultery and its distinction from other crimes such as the crime of rape and the crime of defamation by adultery. The third chapter deals with the flagrante delicto in other cases, such as the flagrante delict in apprehending the runaway wife, the flagrante delict in the case of harboring and covering up criminals, the flagrante delict in the case of the priestess practicing a disgraceful act, the case of flagrante delicto in wearing the veil for those not permitted, and the flagrante delict in the crime of perjury As well as the flagrante delicto in the crime of practicing witchcraft, and the flagrante delict in the crime of breach of trust. The study ends with conclusions and the most important findings of the study. Finally, we thank God, the Almighty for His grace of enabling us to accomplish this humble work. And then I extend my thanks and gratitude to my supervisor, Dr. Muhammad Abdul-Ghani Al-Bakri for choosing the topic and help. May Allah reward him on my behalf with the best reward in now and in the Hereafter. He spent much of his effort and time, so he was a blessing in knowledge and manners. I am also pleased to extend my thanks and gratitude to everyone who gave me a helping hand among my professors or colleagues during my master's study. Finally, I hope that I have succeeded in presenting this thesis in the required manner. Researcher --- page 129 [OCR+] --- University Of Mosul College Of Archaeology The Witnessed Crime In The Ancient Iraqi Laws A Thesis Submitted By Istabraq Amer Thanoun Safawi To The Council of the College of Archaeology University of Mosul In Partial Fulfillment of the Requirements for obtaining Certification of Master in Ancient Archaeology Supervised by Prof. Dr. Muhammad Abdul ghani Albakri م [OCR of page] University Of Mosul College Of Archaeology The Witnessed Crime In The Ancient Iraqi Laws A Thesis Submitted By Istabraq Amer Thanoun Safawi To The Council of the College of Archaeology University of Mosul In Partial Fulfillment of the Requirements for obtaining Certification of Master in Ancient Archaeology Supervised by Prof. Dr. Muhammad Abdul ghani Albakri ayeyt ه١ 65 011 ممم ا ل
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