Overlapping Penalties in Contemporary Criminal Law A Study Compared to Islamic Jurisprudence.

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

I have developed and legislated penalties in general to eliminate crimes in society and cleanse societies as a whole of corruption and corruption, they prevent individuals in general who did not fall in them in advance from falling and entering into their paths and consequences, and discourage the other side located in them from returning to them or returning to them, says Kamal bin Hammam quoting some of his teachers and sheikhs: "It is an explicit contraindications to the act before it occurs, and Zawjar for after, that is, knowledge of its legitimacy and its right to occur, and its evidence prevents from taking action Doing actions, and then inflicting them prevents us from returning to them." The penalties according to this perspective and perception, considering the assessment or lack thereof, is divided into two main parts: First: legitimate, specific and estimated penalties: which have been stated by the noble street, determined accurately and imposed their amount, such as retribution, hudud and diya, and expiations. The second: the penalties that are not specified in appreciation or estimate, which are not determined by the honorable street and estimated, but left their estimate and criterion to the ruler, such as reinforcement, for example, who left his estimate originally to the Muslim ruler justice control.

Keywords