Crime Participation Verdics in Islamic Law and Jurisprudence

Year: 
2010
Discussion Committee: 
Supervisors: 
Dr. Mamoun Wajeh Ahmad Al-Refaee
Authors: 
Kamel Muhammad Hussien Abdullah Hamid
Abstract: 
This thesis aims to explain the principle of crime participation stating types of this participation in the two types of the Islamic law: direct participation and indirect participation; and the right judgment for each participant; each according to his participation. It explains the rules that control and limit the type of the criminals participation in the crime, and the responsibility that resulted, showing the punishments against each participant. In a jurisprudence study, comparing the crime judgments in the Jordanian and Egyptian civil law legislations. My thesis consists of a preface and five main chapters, In the preface I talked about the Islamic view towards crime and punishment closing it in an explanation that discriminates the Islamic law from other civil laws. In the first chapter : (crime participation and the related utterances) I explained what every principle that related to crime participation in Islamic law indicated and its indication in the civil law. By dividing the research in that in stating participation principle, then talk about the concept of participation itself, and the related utterances through dividing them according to participation type that the criminal commits. In the second chapter :(props of crime participation) I explained the props of the crime in. Then I stated the props of the crime participation in particular, through an explanation of its three props, the legal prop, the material propend the moral on. In the third chapter :(Types of crime participation) I talk about the theory of start and cause for some jurists stating the disagreement base among them in that. I mention the types of crime participating in the Islamic crime law and its two parts , the direct crime participation and images that comes throw it the harmony or the subsequence of crime commitment by the criminals , the second part the indirect crime participating with its two images , support to commit crime and provoking. I also explain types of crime participation in the civil law thorough a lawful division of crime participation stating in the participation related to original doer of the crime and his immaterial participation and the resulted participations. In the fourth chapter : (Rules of Crime Participation) Here I mention simple explained rules to limit the type of the criminals participation in a crime and to what extend the difference of these participation is . I state the rules that control the base of starting crimes. However the fifth chapter : (punishment against crime participation ) I mention the Islamic laws point of view to the criminals punishment for committing his crime and punishment that criminals receive for the crimes in the Islamic law . and how they punish in the civil law . I mention the simplified condition of crime against criminal and the related judgments in the civil law as well as the related matters in the Islamic law . I also state the effect of a participation giving up committing a crime.
Pages Count: 
327
Status: 
Published