المصلحة المعتبرة في القصاص من الجماعة بالواحد في الفقه الإسلامي والقانون اليمني دراسة مقارنة د. محمد محمد الذماري

Abstract This research consists of two chapters preceded by a preliminary requirement. *Preliminary Requirement: Qisas and the Intended Interest Thereof*, and it is studied in two subsections.[Retaliation] *Chapter One: The Legitimacy of Qisas from a Group for [the killing of] One Person*, and it is studied in three sections. - *Section One:* The scholars’ disagreement regarding the legitimacy of Qisas from a group for [the killing of] one person. - *Section Two:* The considered interest in Qisas from a group for [the killing of] one person. - *Section Three:* The exceptions to the rule of: “a group is executed for [the killing of] one person.”[maslahah] *Chapter Two: The Scope of Qisas from a Group for [the killing of] One Person*, and it is studied in three sections. - *Section One:* Killing by direct action. - *Section Two:* Killing by conspiracy / collusion. - *Section Three:* The method of executing Qisas. Note: _Qisas_ = Islamic law of equitable retaliation for bodily harm or murder. _Maslahah_ = public interest/benefit considered in Islamic jurisprudence. Do you want me to also make a more academic, thesis-style abstract paragraph in English based on this structure? *2. Expanded Research Objectives* In addition to what you mentioned: 1. *Clarify the concepts*: Retaliation `Qisas`, the group, the single individual, the considered interest, and criminal participation. 2. *Define the point of disagreement* among jurists and the reasons for the dispute. 3. *Arrive at the preponderant opinion* and its evidence and conditions. 4. *Clarify the Yemeni legal position* and Article 45 of the Yemeni Penal Code. 5. *Derive the considered interest* legally and jurisprudentially from the ruling. 6. *Produce recommendations and establish controls* for judicial rulings on this issue. *3. More Precise Formulation of the Research Problem* The problem lies in: The lack of clear standards for the judge to refer to when multiple offenders commit the killing of one person, along with conflicting evidence between those who advocate retaliation against all of them and those who advocate blood money. This leads to variation in judicial rulings. The matter becomes more complicated when trying to balance the "interest of preserving life", the "interest of individual justice", and the "interest of deterring offenders". Keywords: lnterest, Recognized, Retribution, the group, Collusion.

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