المجلّة الجزائرية للقانون المقارن
Volume 3, Numéro 7, Pages 1-36
2022-09-27
حالات امتناع القصاص
الكاتب : الدوش الحاج .
الملخص
Article (332) of Federal Law No. (3) of 1987 A.D. regarding the (repealed) Penal Code, did not elaborate any detailed texts revealing cases of refusal to punish retribution in Self-inflicted crimes! Thus, the Emirati legislator continued his own approach, as the legislator referred the judge to the application of the provisions of Islamic Sharia to extract the provisions of retribution and the conditions for its application and fall, which led to legislative and practical problems about cases of refusal to apply the penalty of retribution. This research is to show cases of refusal to retaliate in Islamic jurisprudence and Emirati law through judicial trends in the United Arab Emirates. The research reached the most important results: the agreement of UAE law with Islamic jurisprudence that pardon, reconciliation, the death of the offender and the inheritance of retribution are eliminators of retribution, despite the absence of conclusive legal texts clarifying the cases in which retribution is prohibited in the UAE law! ? . This prompted the UAE judiciary to exercise diligence in choosing the jurisprudential opinion that governs the dispute, which leads to difficulties in reaching judicial rulings. The research reached recommendations about these results, including the need to stipulate the cases of applying the punishment of retribution in the UAE law in order to consolidate the principles of the criminal law. key words UAE law. Islamic Fiqh . Elimination. Retribution. Retribution drops, withholding retribution
الكلمات المفتاحية
القصاص ; القانون الاماراتي ; الفقه الاسلامي ; مسقطات القصاص ; امتناع القصاص
