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العنوان
ضرب المتهم في النظام الجنائي الإسلامي :
المؤلف
حموده، محمد جلال،
هيئة الاعداد
باحث / محمد جلال حموده
مشرف / محمود محمد حسن
مشرف / فرحانه علي شويته
مناقش / ابوالسعود عبدالعزيز موسي
الموضوع
القانون الجنائي - الاسلام.
تاريخ النشر
2024.
عدد الصفحات
356 ص. ؛
اللغة
الإنجليزية
الدرجة
الدكتوراه
التخصص
قانون
تاريخ الإجازة
1/1/2024
مكان الإجازة
جامعة المنصورة - كلية الحقوق - قسم الشريعة الاسلامية
الفهرس
Only 14 pages are availabe for public view

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from 356

Abstract

This research deals with an important issue related to the ruling on beating the accused in the Islamic criminal system. The study included an introductory chapter and two chapters. In the introductory chapter, it dealt with the legal methods for proving the accusation, confession - testimony - evidence - torture - division. Then the first chapter, which was entitled: The accused and his rights in Islamic jurisprudence and positive law, and I divided it into three chapters. In the first chapter, I spoke about the accused and the accusation and their types in Islamic jurisprudence and positive law, and in the second chapter I spoke about the ruling on accusing people and its justifications and reasons in jurisprudence and law. In the third chapter, I talked about the rights of the accused in Sharia and the law. Then the second chapter, which was titled beating the accused, its legitimacy, and its impact in terms of the validity of the confession or its lack thereof in Islamic jurisprudence and positive law, and I divided it into three chapters, where we dealt in the first chapter with an explanation of what is meant by beating the accused, its conditions, and who has the right to hit, and in the second chapter we dealt with the issue of whether beating is a legitimate means. Or is it a form of coercion? In the second chapter, the extent of the validity of the confession resulting from beating in Islamic jurisprudence and positive law, and in the third and final chapter, the impact of the validity or otherwise of the confession on the accused. Then I concluded the research with a conclusion in which I presented some of the results and recommendations I reached, among which were: The primacy of the Islamic criminal system, with its principles and rules, is the most complete and comprehensive over the positive legal systems, which, in many of the rules and principles it stipulates for the protection of personal human rights, are originally derived from Islamic law. The recommendations stated that the seriousness of the problem of beating the accused must be recognized, directives should be issued from the highest levels of authority not to tolerate torture and other forms of inhuman treatment by law enforcement officials, and the need to conduct more research and studies in the field of Islamic criminal procedural, put them into practice, and choose Security and criminal investigation personnel, with professional and personal qualities, in a manner of true and tested commitment to the teachings, morals and etiquette of Islam