Annales de l’université d’Alger
Volume 35, Numéro 3, Pages 774-791
2021-09-26
Penalty Of By-mistake Killing Felony According To The Egyptian And Algerian Penal Law, An Evaluative Study From An Islamic Viewpoint
Authors : Gameel Muhammad Gabr Al-said Abd Allah .
Abstract
The study aimed at evaluating the penalty of killing by mistake felony according to Egyptian and Algerian Criminal law in the light of Islamic Law (Shari'a). The study used the descriptive methodology to reach the targets in question. To gather the required data, a review of literature was administered. The study came to the conclusions that: first. Islamic Law (Shari'a) imposes expiation and a compensation (blood-money) to be given to the deceased's family as a penalty for those who proved committed of killing by mistake felony; second, the Egyptian and Algerian Criminal laws impose imprisonment and fine as an alternative penalties for this offence and this contradicts with what Islamic Law (Shari'a) necessitates. The study recommended that the Egyptian and the Algerian Criminal laws ought to adopt expiation and a compensation (blood-money) to be given to the deceased's family as a penalty for this crime in reply to what Islamic Law (Shari'a) requires.
Keywords
enalty of by-mistake killing felony ; Islamic Law (Shari'a)
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