Killed in the assets of the branches of Sharia and Law

Authors

  • Hamdi Tayeh Qaragholi كلية القانون / جامعة ديالى
  • qayid hadi alshamri كلية القانون / جامعة ديالى

Abstract

Most of the laws ensured the maintenance of family ties, gave them all respect, and overlooked some small lapses in order to build a cohesive society dominated by love and intimacy.
The Islamic Sharia is no less than these laws in a role in caring for the family, but rather exceeds it in most aspects, because God Almighty created man and knew what he whispered to him himself, and therefore he is the most capable of laying down provisions for life to stabilize and order to prevail. So he put a worldly penalty for him and another penalty, and in the otherworldly penalty, God made for the offender Hell to abide in it if he did not repent. He was victorious.” Surah Al-Isra, verse 33. And the Almighty said (And there is life for you in retaliation, O people of understanding) and other verses that affirm the punishment of premeditated murder and there is no expiation for it. A Muslim friendliness to his family) “Surah Al-Nisa: Verse 92”. And due to the great difference between the man-made laws currently applied in Islamic countries, we thought that we should discuss one of the topics related to criminal law, which is the killing of the roots of the offshoots. It is of importance and deserves research, especially since man-made laws did not address it And that the jurists of the Sharia differed among themselves regarding it, and I took from it intentional killing and aggression, as it is called in Islamic Sharia, and I hope that all will benefit from this research, especially the legislators of man-made laws.
And we divided the research into three chapters. In the first chapter, we dealt with the nature of the origin and the branch, and that was in two chapters.
In the second chapter, we dealt with the elements of the crime of killing the origins of the branches.
In the third chapter, we dealt with the punishment for crime, and concluded our research with a number of conclusions and proposals

Published

2023-06-01

How to Cite

[1]
م.م. حمدي تايه القره غولي and م.م. قائد هادي الشمري, “Killed in the assets of the branches of Sharia and Law”, jfath, vol. 12, no. 3, pp. 323–333, Jun. 2023.