Crimes of public incitement - A comparative study

Document Type : Original Article

Author

كلية الحقوق - جامعة المنصورة

Abstract

A crime may be committed by one person, or it may be committed by more than one person who all contribute to its commission or cooperate in its commission. The forms of contribution and cooperation do not exceed four cases: the offender may contribute with others to the commission of the material element constituting the crime, may agree with others to commit the crime, may incite others to commit it, and may help others to commit the crime by various means without  Participation in the execution of the crime. Participation in the crime means "the contribution of a number of offenders to the commission of a single crime, which can be expressed in the phrase "criminal contribution, and it may be used in Islamic jurisprudence, as it is indicative of this situation".  Complicity in crime is based on two elements: the multiplicity of perpetrators and the severity of the crime committed.  In Islamic jurisprudence, the term "initiator of the crime" refers to the person who committed the crime himself, and in positive law it corresponds to the term "perpetrator" ([2]).  ([1]) See: Islamic Criminal Legislation Compared to Positive Law, Abdel Qader Odeh, Part I, Dar Al-Turath for Printing and Publishing, Cairo, without year of publication, p. 357. Abdelkader Odeh: Lawyer of one of the scholars of law and Sharia in Egypt. He was one of the leaders of the Muslim Brotherhood... He was accused of participating in the shooting of Gamal (1954) and was executed by hanging along with a few other defendants. He has many classifications, including: "Islam and our legal status", "Islam and our political conditions", "Islamic criminal legislation compared to positive law" two parts, "Money and governance in Islam" and "Islam between the ignorance of its children and the inability of its scholars", died in 1374 AH. Seen: flags,  Khair al-Din al-Zarkali, Part IV, Dar al-Ilm li-Malayin, Beirut, seventh edition, May 1986, p. 42. Khair al-Din al-Zarkali: "Khair al-Din bin Mahmoud bin Muhammad bin Ali bin Faris al-Zarkali", born: "The night of 9 Dhu al-Hijjah 1310 AH (June 25, 1893 AD) in Beirut", his parents were Damascene and grew up in Damascus and educated in one of its schools and then traveled to Beirut to study at the College of "Layek" Then he was appointed professor of history and Arabic literature in it, from his books: "Flags", "The Peninsula in the Era of King Abdul Aziz" "Informing Who is Not in the Flags", he died: in "The third of Dhu al-Hijjah 1396 AH - November 25, 1976 AD" in Cairo. See: Flags, op. cit., Part VIII, pp. 267 to p. 270. 

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