520 |
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|b The difference Of jurists in apostasy is in the branches not in origins, that the idiomatic jurisprudence definition concurred with the explicit law text that applied in Sudan which agreed with the predominant jurisprudence opinions which accepts the repenting, but the disagreement was clenched about the period of repenting by making it estimation authority for the subject judge without opinions overweigh, and that will make the text more flexibility which helps the scope of distinctive and recent retribution policy work, also it has a great deal of unique retribution, as such the research made the perfection of capacity is the base for the criminal responsibility of apostasy. The Non Muslim apostate is excluded, who accepted Islam, and then he apostatized. The lawyer adopted this part.in the recent case but he failed and could not prove for the court that who was Non Muslim in origin authorizer because her family made opposite evidence. The research affirmed that it is the first precedent which formed the legitimize vision when framing the law subject (126) which was applied in the second case and it is a good text, easy in applying with flexibility, but it has shortage in item which could make controls un cleared matters, and the research was concluded by the results and recommendations as follows: Second: The Result 1- Apostasy is existent in the Holy Quran, Sunna and the jurists consensus. 2- The variation of jurists in repenting overbalances as the jurist dose it, because he is the legitimize, that is to avoid the disagreement. 3- The four jurists in their gilts, which related to the Holy Quran and Sunna and the consensus do not leave human arbiter as a condition or pillar or suspicion, so they make a legitimate arbiter. 4- As far as the first case is concerned, the judge did not apply the law texts as they referred to, but they applied jurisprudence opinions without mentioning them. The existence of a Christian judge has a right of vetoes — Hennery Ryadh Sakla made to avoid adopting of the court. to it, in the attainder as arbiters, or perhaps to avoid corruption that may transfer the apostasy to collectivism, in this case, The court doctrine steadied and affirmed taking of the contemporary opinions s it considered a politic tazir crime which is permissible for the governor in discretion of execution arbiter. 5- In the second case, the judge did not commit to the prophetic guidance for judgment in delaying the arbiter for pregnant till she gives birth and breastfeeds him for two years. Where the mercy of the Islamic Legislation and plenitude of compassion appear. Third: The recommendations: 1- The court of law must apply for witness of expert (jurist). from the complex of Islamic Jurisprudence or the faculties of the jurisprudence and its origins or the Organization of the Sudanese jurists, that to avoid in a place of witness suspicion to stop the arbiter from its nonentity or plebiscite for the Islamic guidance concerning the quality of applying arbiters which are not mentioned in the text of law. 2- The acceptance of the guidance of our Sir. Omer Ibn El khatab for Abu Musa El Ashary in the judgment performance. 3- Issuing of judicial publication concerning the arbiter applying for pregnant women according to the prophetic guidance. 4- Issuing a judicial publication concerning forbidding applying the arbiters when there are more suspicions with mentioning some suspicions for example but not for restrict.
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