The principle of the legality of criminalization and punishment and the need for alaistishab

Abstract

The content of the research paper revolves around the study of a fundamental principle of modern criminal law, namely the principle of the legitimacy of criminalization and punishment, which is one of the most important legal principles emanating from the evidence of Islamic legislation, which is known as the evidence of association, which has been enshrined in many positive legislation in its legal system, and therefore the problem of research raises the following problem: how did the theory of association as one of the evidence of Islamic legislation contribute to the establishment of the principle of legality criminalization and punishment and the extent of its impact in modern criminal laws?

Accordingly, the nature of the study was of a theoretical and rooting nature, with the most important terms of research (crime; punishment; association) initially addressed... In the second axis of the study, the principle of the legitimacy of criminalization and punishment was legitimately rooted in terms of the statement of its legal evidence from the Holy Quran and the Prophet's Sunnah, and then one of the most important rules of Islamic jurisprudence that contributed to the establishment of the principle from the practical doctrinal aspect.