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الحرابة بين التأصيل الفقهي والتنظير القانوني

المصدر: مجلة الكوفة للعلوم القانونية والسياسية
الناشر: جامعة الكوفة - كلية القانون
المؤلف الرئيسي: البهادلي، جواد أحمد كاظم (مؤلف)
مؤلفين آخرين: الشكري، عادل يوسف عبدالنبي (م. مشارك)
المجلد/العدد: مج 5, ع 14
محكمة: نعم
الدولة: العراق
التاريخ الميلادي: 2012
التاريخ الهجري: 1434
الصفحات: 47 - 201
ISSN: 2070-9838
رقم MD: 460201
نوع المحتوى: بحوث ومقالات
قواعد المعلومات: EcoLink, IslamicInfo
مواضيع:
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صورة الغلاف QR قانون

عدد مرات التحميل

64

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المستخلص: 1. Banditry cut the road to pedestrians at gunpoint and robbing them. 2. Punishment showed Koranic texts and novelist, but there is disagreement in understanding the Qur'anic text and the difference in the extent of considering texts novelist and whether or not based on the behavior of al- Faqih in the documentation with weak support each other. 3. Jurisprudence though he turned to punishment and consideration, however, the Islamic Jurisprudence addressed earlier than fourteen centuries ago. 4. Difference between scientists in the emerging concept of banditry to some particulars or not with a clear common points. 5. Scholars of Islamic jurisprudence have been subjected to the issue and make clear statements and since ancient times and the level of famous Islamic sects. 6. Conditions considered in the Warrior maturity did not escape punishment dispute but that the main axes almost Altabani it clear to the scholars. 7. The Egyptian legislature did not put a legal definition specifying the nature of the night, so there is disagreement 8. in the literature about determining what the night. He went to say that the opinion night begins in every region of the time, which stops the daily activity or daytime shelter where people to their homes. Another view that lesson in determining the night time is the period dominated by real dark because darkness is that achieves real wisdom emphasis when he went third opinion to consider the night the question of realistic appreciation is left to the trial court without supervision of the Court of Cassation. And goes opinion a fourth say that the night is the period that runs from dusk after the demise of the Twilight following sunset, ending emergence dawn that precedes sunrise, is that public opinion likely to go to that night is the period between sunset and sunrise, which adopted astronomers in determining the time. Has adopted Egyptian Court of Cassation this view in a provisions according to which: ((the Penal Code as text on the night aggravating circumstance to steal and kill animals and destruction of agriculture ... etc., without specifying the beginning and end, he said he only intended as modest people it It is the period between sunset and sunrise)). 9. We did not find a definition of public road in each of the French Penal Code and the Egyptian and Syrian, Lebanese and Iraqi and others, and this is why the jurisprudence and the judiciary to establish a definition of public road. 10. Jordanian legislature adopted the view of the opinion in France, as the concept of the road Palace year on the roads, and therefore no longer rivers and lakes such as the highway, where it was explicitly excluded from it in the second article of the Penal Code. As for the position of the Iraqi legislature, it appears that the word road contained in Article (441) came Actions include shipping routes and water also; because the word through the language covered, in addition to being may count such as felonies committed on the public highway, thefts committed in the media land or water transport, if any away from civilization. 10. The Iraqi legislature was shorten check aggravating circumstance for crimes committed in the transportation of land and water, if any away from construction, and this means that crimes committed on board aircraft is not available where emphasis circumstance described. This dispute is the view of the Egyptian legislature in making circumstance emphasis extends to all robberies committed in all means of transport, without exception, by stating in Article (315) ((... or on a means of land transport, water or air)). But things have changed an order CPA (31). ... 11. Iraqi legislature did not leave room for discretion or eliminate jurisprudence on defining the concept of night and in proportion to the wisdom intended by the legislator from behind the emphasis in this temporal circumstance. 12. Lies the reason behind the tightening legislator Iraqi Penal and Comparative punishment for theft which lies on the public highway, in the ease with which you can commit the offender where such crimes, the fact that the place to commit located in ways far from urbanization These places away from the population and the security authorities responsible for the protection of people and their property, and this is what makes it impossible for the victim asked for help or use a third party to resist the perpetrator or perpetrators. 11. French law does not include the Egyptian and Syrian, Lebanese, Jordanian, and Iraqi definition of coercion. 12. The crime of petty theft misdemeanors punishable by imprisonment, and this decision Article 446 of the Iraqi Penal Code stipulating that: ((shall be punished by imprisonment for theft, which is located in the cases provided for in previous articles)). This text can be seen that the Iraqi legislature has launched the term of imprisonment, and this means that the trial court's discretion to control imprisonment between its bounds minimum (24) hours and the highest (5) years. Because theft of misdemeanors, the duration of the death thief confined between confinement for more than three months to five years in accordance with Article (26) of the Iraqi Penal Code. Is that the combination of theft aggravated circumstance described in materials (440 445) leads to change the legal adaptation of the crime, so the crime a felony. And by reference to Article (441) of the Penal Code is found punishable by imprisonment for life any twenty years, or temporary from five years to fifteen years, anyone who commits theft is on the person in the street outside the cities and towns or in the rail or other means transport in the case of its existence away from the built-in cases and photos referred to in the three paragraphs of that article, penalty shall be death if the actor had been tortured victim or a worker with the utmost cruelty. The decision dissolved Revolutionary Command Council number 1133 in the 2/9/1982 stressed the perpetrator of the crimes stipulated in Article (441) sanctions to the death penalty. 13. Be of corruption on earth is corruption desired position in the earth to humans in terms of stability and security, save money and souls ... Etc. requires corruption of thought, conscience, and so on. 14. Some words of scholars suggest but novels texts to the general rule spoiler is the warrior's hand and the matter to be decided by as Advantaged some last and not entirely free from discussion. 15. The research finds that the difference in the desert as a condition arising from the dominant spot or by the time perspective in governance. 16. Warrior must things several dispute arises from the difference in the understanding of the text. 17. Repentance and warrior who accept his repentance for two different recipe sayings. The fall of repentance due to different things as well. 18. Prove felony acknowledge and certificate. 19. There number of Branches that can benefit from the words of scholars in addition to the texts in question. 20. Banditry crime politically Belhaz criminal another Belhaz \

ISSN: 2070-9838

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