![]() | يوجد فقط 14 صفحة متاحة للعرض العام |
المستخلص Study objective: This study aim at exposing the agreement and disagreement in the Legislation between Yemeni Penalty Law and lslamic Shariah, according to what is stated in Yemeni constitution that assure that the lslamic Shariah is the source of all legislation. Oissertation Cont%nt:T he dissertation included: The sub~scpt lan, the reason why he choose this plan, its importance. Chapter one (introduction) including an index to the terminologies of dissertation title. Chapter two : Murder Chapter three Penalty in details Chapter four :Quasi- intended murder Chapter five: Manslaughter Chapter six: Feticide The following are the most important results: 1. committing murder has three sides according to the demonstrated evidence taken from Quran and Sunna 2. Murder is one of great sins, according to what is stated in Quran , assured by Sunna and concurred by Islamic Jurisprudent, however we can not say that the killer repentance is unaccepted, and the killer has to seek for repentance may Allah have mercy upon him . 3. Murder can be defined as all acts lead to intended murder **#ithouat ny right or reason. Also we can cot accuse a man of committing murder without legal evidence. 4. The punishment of murder is penalty, but it could not be implemented if the family of the victim forgives the murderer or given a blood money. 5. The quasi murder is similar to murder in some of its characteristics, the murderer ~ntendto beat the victim without the intention to kill him, the punishment is the blood i j Y money and penance, and the ml~rdereris prevented from obtaining both heritage and will. 6. The Manslaughter is the unintended kill and its punishment is the blood money from the rational, also the criminal should pay the retribution. It isn’t allowed to deprive the killer from the heritage, if ,a didn’t kill to summary the heritage or the legacy. 7. The embryo is the woman’s pregnant so the criminal shouldn’t punish for his kill, but he should pay the half of the blood money tithe or the whole blood money. 8. The law Yemeni of crimes and punishments is agree with the Islamic legislation in all the sides of this study. 9. The Yemeni law of crimes and punishments didn’t depended on its legislate on a certain doctrine, but it depended on the moat Islamic doctrines and also it depended on a lot of i9ts texts on the preferable opinion of the scientiste. The researcher found out the followln~rs cornmendatrona to the Yemenl Ieghlator. Arab Universitiqs affairs, ex- Dean of Faculty of Law, Assiut University. 1429- 1. Reconsideration in some articles and the legal claussa which don’t agree with the correct evidences of the Quran, Sunna or the consensus of scientists, or agree with El fiqh but don’t agree with the opinion of the scientists. 2. Reconsideration in the handling of the week opinions which had take from the scientists and may disagree with the correct evidences. 3. Reconsideration in studying with elaborate the Yemeni law sf punishments to enable to add some articles and legal clauses which he couldn’t interpret it and enriching with low. |