مرونة التشريع الجنائي الإسلامي في ظل نظام التعزير وجمود التشريع الجنائي الوضعي في ظل مبدأ قانونية الجرائم والعقوبات

Abstract

 The Altaezir system is a flexible Islamic punitive system that is unparalleled in man-made laws. Under this system, Islamic law left the judge with the power to criminalize every act of aggression against the five necessities and the power to determine his appropriate punishment according to certain controls. This is what made Islamic criminal legislation characterized by flexibility and the ability to protect society from crime. While man-made laws deprived the judge of the power of criminalization and punishment, and made it the monopoly of the authority competent in legislation, and this is an implementation of the principle of legality of crimes and penalties, and this is what made criminal legislation characterized by stagnation and inability to protect society from crime. This research sheds light on the Altaezir system, in order to identify its meaning, cause and amount in Islamic law, and the difference between it and the punishments assessed by Sharia. It also sheds light on the principle of the legality of crimes and penalties, in order to know its meaning, consequences and criticisms directed against it.

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