Honor crimes between Islamic and positive laws

One of the phenomena that has attracted attention is the phenomenon of increased grams of adultery and indecent assault, and behind this phenomenon are many causes and various factors that drive some of the women to deteriorate in the arms of vice, and also push some of the men to commit adultery ac...

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Bibliographic Details
Main Author: Maher Shuyesh
Format: Article
Language:Arabic
Published: University of Mosul, College of Arts 1987-12-01
Series:آداب الرافدين
Subjects:
Online Access:https://radab.mosuljournals.com/article_165889_06cba0903629034eb840c08a9288496d.pdf
Description
Summary:One of the phenomena that has attracted attention is the phenomenon of increased grams of adultery and indecent assault, and behind this phenomenon are many causes and various factors that drive some of the women to deteriorate in the arms of vice, and also push some of the men to commit adultery acts that may reach to follow the method of force and coercion in order to Satisfying the same self as the wrongdoing in an unlawful and dishonorable way. <br />This phenomenon has resulted in an increase in the number of killers that enjoy the purpose of washing the shame and the reparation of honor that the crime that occurred in the honor of the human being and his dignity has caused. This issue is because one of the basic principles in Islamic law and positivist legislation is that it is not permissible to leave the imposition of punishment or the criminal penalty for the will of individuals and their desires, but rather it should be strictly in the hands of the guardian or the government, i.e. state authority, so if the individual did it, he was considered a perpetrator of the crime of willful killing or intentional injury. Depending on the circumstances - what is the legal or legal adaptation of this act? <br />That is why we believe that it is necessary to address it in two ways, the first is to identify it and through it <br />On the tolerant position of Islamic law regarding the murders that are a cause of shame, and that we put the principles that govern this matter in front of us so that we can be guided by the right path. <br />To deal with the issue from the positive point of view, which is included in the second aspect of the issue, meaning that we must stand on the plan of the positive project of the killings that take place to shame, and then we can reach some solutions or proposals. Therefore, we dealt with this issue in two topics, we talk at the beginning about the position of Islamic law on this matter, while the second topic will study the position of the legislator positively on the subject of killing by washing Lamar. <br />
ISSN:0378-2867
2664-2506