ظروف التشديد في جريمة القتل العمد في الفقه الإسلامي والقانون اليمني والمصري د. عبد الكريم صالح ناجي الأغبري

Abstract This study dealt with the aggravating circumstances associated with the crime of premeditated murder in both Islamic jurisprudence and Positive Law as one of the most serious crime as it violated the fundamental human right in life and threatens the Security and stability of Society. The study aims to clarify the concept of premeditated murder, identify circumstances that lead to increased punishment for the perpetrator and highlight the importance of this in achieving justice . Furthermore, the study explains that the reason of deciding such circumstances in both Islamic jurisprudence and modern legal legislation lies in deterring offenders, safeguarding the human right to life, and protecting social security and public tranquility. The study concludes that Islamic jurisprudence preceded positive law in establishing many circumstances that aggravate criminal liability for premeditated murder. It also finds that modern legal systems have been influenced by these principles in regulating the provisions this crime, to achieve both public and private deterrence and strengthens the protection of society from seriouscrimes. The research adopts the descriptive, analytical, and comparative approach. It concludes with several findings and recommendations . Among the most prominent of these results: the agreement of Islamic jurisprudence and law in criminalizing premeditated murder and increasing the penalty in some of its forms because it poses a serious danger to the individual and society, and that Islamic jurisprudence relies on purposeful and spiritual principles in deciding the aggravating circumstances, while the law determines these circumstances in legal texts. This study included two sections preceded by a preliminary requirement, according to the research plan. Keywords : premeditated murder – Aggravating Circumstances – Islamic Jurisprudence – Criminal law

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