Master Thesis

Student: Ali Sadiq Jaafar Al-Karaawi

Supervised by: Assistant Professor Dr. Muhammad Nazim Muhammad

Major: Sharia and Islamic Sciences

Publish Date: 2022

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Abstract

as the right to preserve its entity from any aggression or prejudice, to have a secure and stable life characterized by purity and chastity, and all crimes forbidden by Islam are of the kind that, if left alone, would lead to the disorder of society and spread chaos and destruction in it. This is the divine law legislated by the Almighty God, and the biography of the wise has also settled in all times and places on setting decisions in penal matters to determine crimes and determine how to punish and reform criminals. The limits set by God Almighty to deter from committing what he prohibited and leaving what he commanded; So, God, the Most High, made the punishments deterrents that deter him from inclination to felony, out of fear of the pain of punishment and for fear of being exposed to scandal. So that what is prohibited from his forbidden is forbidden and what he commanded of his duties followed, the goal of Islam legislating the limits and punitive penalties is not revenge and transgression against the offender, but it was prescribed to protect society, so it is considered as one of the preventions of crime before it occurs, and from preventing its recurrence after its occurrence, that is, it has a remedial role and a preventive role At the same time, and that these punishments are very just and fair and achieve public interests, and preserve public security, and we must be convinced and believe that if we follow the approach of God Almighty, we will live a dignified life, and people will live at peace with their money, themselves and their honor. If it were not for the punishments and the criminals’ fear of them, then souls, honor and wealth would not remain inviolable, and order would have been disrupted and chaos, turmoil and turmoil would spread.