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عناصر الجريمة | |
The legislative authority should enact crimes parallel to hudud crimes and retaliation – under the category of ta’zir, with less stringent standards of proof. For example, the legislature should enact the crime of premeditated murder from the category of retaliation, which is punishable by death. It is necessarily known that the death penalty may only be imposed if all Islamic evidentiary requirements are met, including two valid Muslim witnesses who witnessed the murder – if the accused is Muslim – and that there is no doubt whatsoever that the accused committed the crime. The legislator must also enact another crime of premeditated murder, which falls under the category of discretionary crimes and is punishable by a penalty less than the death penalty – imprisonment, for example – if the Islamic rules of evidence for retaliation crimes are not met. Accordingly, if there is a slight suspicion that the accused has committed a murder, he must be convicted of premeditated murder, which is punishable by imprisonment, because the rule in hudud crimes and retaliation is that any doubt precludes the specific punishment for hudud crimes and retaliation. Likewise, a person accused of theft may be punished under the category of ta’zir if there is slight suspicion because this slight suspicion is sufficient to prevent the punishment for theft from being punished | |
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| Target State: All States Target City : All Cities Last Update : May 16, 2024 11:23 AM Number of Views: 10 | Item Owner : عناصر الجريمة Contact Email: (None) Contact Phone: (None) |
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USNetAds > Business Opportunities > Other Business Ads > Item ID 131120141
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2024-05-16 (0.593 sec)