The Authority of the Ruler in Dropping and Reducing Punishments

The Authority of the Ruler in Dropping and Reducing Punishments PDF

Nidal Mustafa Hasan Al-Asmar

Supervisor(s)

Dr. Abd El-Men'em Jaber Abo-Qahooq -

Discussion Commity

260 صفحة

Abstract :

The Authority of the Ruler in Dropping and Reducing Punishments Prepared by Nidal Mustafa Hasan Al-Asmar Supervised by Dr. Abd El-Men'em Jaber Abo-Qahooq Abstract This study examines the authority of the ruler "Imam" to drop, reduce or stop the punishments. The "Imam" is the only one who has the responsibility to practice these punishments. I reached a conclusion that there are some punishments that the ruler cannot drop, such as the punishments of the crimes that finished their conditions, basic elements and reached the hand of the ruler. I found out that the punishments could be reduced by decreasing the penalty, or exchanged with another one. Furthermore this study dealt with the honor crimes, and the degree of there legitimacy in Islam. I reached the fact that the one who kills on this ground will take the punishment unless he/she brings evidence that killing happened based on the above ground. I tackled the concept of emergent conditions, types, and their effect on dropping the punishment. I reached that the Imam can take emergent conditions to drop punishment in limited range in crimes of penalties, punishments. I reached a conclusion that the ruler has a wide responsibility to use the emergent conditions in the crimes that the ruler has the only power on. In addition, I reached the fact that the ruler has the power to stop the application of the general punishment in the state because of the general forceful conditions, as the commander of faithful Omar Ibn Al-Khattab when he stopped the application of stealing punishment during the year of famine. This stopping is limited, and it works as long as these conditions available.

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