أثر التدابير الاحترازية في الحد من جريمة الحرابة بين الفقه الاسلامي و القانون الوضعي

Abstract

We define the precautionary procedures, is that instructions; or actions that taken to face the crime; and avoid its dangers against the individual and the whole society. It’s worth mentioning, that both the sharia; and the law have toke number of actions to prevent the waylaying crime. So, the sharia toke some commands for that regard. Such as: gospelercommands that is preventing from making sins and offenses, including favor commanding; and offense prohibition. Also: personal actions: such as banishment from the country, corporeal actions: confiscation. In addition: educational plans: preachment, curative plans; that related to incidences and mentally disorders; and eradicative plans, such as crucifixion and execution. Also the law taken several measures. proactive measures: compulsory education, personal measures: judicial detention. Also curative measures: that’s related to events, measures in kind: confiscation, measures that restricting freedom: prevention of accommodation; and punitive measures: imprisonment; and fine. Finally: based on what mentioned before: We notice that there are points of agreement and disagreement; so, they agreed on some of them, for example: Urging for education, banishing the criminal, excusing the mentally disorders from criminal responsibility. They also differs in some points. The difference of its both sources. Also, the sharia considered the banishment As A basic penalty, unlike the law that considered it as A supplementary penalty. Also the difference of the limitation criteria of the criminal liability on the children