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العنوان
الاعتداء على النفس بالقتل :
المؤلف
عبد الغنى، محمد عبد الاله.
هيئة الاعداد
باحث / محمد عبد الأله عبد الغنى
مشرف / جابر على مهران
مناقش / معتمد على احمد
مناقش / محمد عبد الرحيم محمد
الموضوع
الشريعة الاسلامية.
تاريخ النشر
2008 .
عدد الصفحات
412 ص. ؛
اللغة
العربية
الدرجة
الدكتوراه
التخصص
الدراسات الدينية
الناشر
تاريخ الإجازة
24/7/2008
مكان الإجازة
جامعة أسيوط - كلية الآداب - اللغة العربية
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

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from 422

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.