الجرائـم الواقعـة على الاشخـاص والامـوال في قانـون العقوبـات العراقـي
Date
2017
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Abstract
Abstract
This thesis has negotiated the subject of the crimes inflicted on
A comparative practical study through an introductory section,
.two chapters and a conclusion
In the introductory section I talked about the essence of crimes
by the identification of crime and punishment, and the wisdom
by legislating the punishment then stating the types and
classes of crimes and punishments, by classifying the crimes
according to Islamic legislation and also classifying crimes
according to its nature and according to the way it's acted and
according to the intent of criminal and its essence ..etc. then
talking about the types and kinds of person stating the sound
person then stating the time of beginning the sound personality
and its end with stating the qualification of
the sound
personality and its faults, then talked about the figurative
personality stating its beginning and its end and mentioning its
features, its types and its qualities. Then talked about types
and kinds of money by identifying them with mentioning kinds
of money according to the form it exist or not and according to
the way its dealt with, with the existence of its form in usage or
.not
The first chapter allocated to talk about crimes inflicted on
persons according to Islamic legislation and according to the
law. Talking about the crime on the self in the language and
expression and in the law with mentioning what the jurists of
Islamic law say about types of murder without right then
stating the intimidation from intentional murder without right
with mentioning the sayings of jurists about the repent of the
murderer, then talked about the deliberate killing stating the
substrates of the murder in Islamic legislation and the
substrates of murder in the Iraqi law and the earthly laws. And
stating kinds of deliberate murder with stating the means of the
proof for the deliberate murder, and the punishment of the
murder in Islamic legislation and in the Iraqi law and in the
earthly laws. Then talked about the semi-deliberate murder in
Islamic legislation, identifying it in language and in expression
and in law. Then stating the substrates of the murder crime
according to Islamic legislation and Iraqi law and in the earthly
laws. Then talked about the murder by mistake , identifying it in
language and in expression and in law. And its substrates in
Islamic legislation and Iraqi law and the earthly laws. Then
talked about the crime of abortion, identifying the crime of
killing the embryo in language and expression and in law
stating the ways of killing the embryo and the means of proving
the crime. And the punishment in Iraqi law and in the earthly
laws. Then talked about the crime on less than the self, talking
about its definition in the language and in law. Stating its types
and forms. Then talked about cutting the limbs and its alike.
And depleting the limbs. Then talked about cuts and wounds.
Discussing the substrates of these crime in Islamic legislation
and in the Iraqi and earthly laws. Then the way of proving these
crimes and the punishment for these crime in Islamic legislation
and in Iraqi and earthly laws. Then I talked about sexual crimes,
stating the meaning of adultery, rape, sodomy, lesbianism and
other kinds of sexual deviancies, and the way to prove these
crimes, then about the proofs of prohibiting these crimes. The
means of proving these crimes mentioning the evidences and
modern ways of proof. The punishments for these crimes. Then
talked about state internal security crimes. Identifying the
banditry, injustice, and apostasy in language and expression
and in law. Stating the rules of these crimes and the conditions
of each one, the punishments for these crimes in Islamic
legislation and in Iraqi and earthly laws. Then about the libel
and insults identifying these crimes stating its rules , the means
to prove them and the punishments in Islamic, Iraqi, and
earthly laws, then talked about the crime of drinking alcohol
and drugs, stating the definition of these crimes in language , in
expression and in law. Stating the proofs of prohibiting these
crimes. And the substrates of these crimes with mentioning
the means of proving them, then stating the punishments of
these crimes according to Islamic legislation ( shariaa) and in
.the Iraqi and earthly laws
The second chapter allocated to the crimes on the money in
Islamic legislation and in law. The robbery crime in language
and expression and in law , then talked about the rule of the
robbery, then the substrates of robbery then the means to
prove the robbery , then the punishment of robbery according
to Islamic legislation and Iraqi and earthly laws. Then talked
about the crime of usury, explaining the usury deal and the
amount of interest in the law. Stating the types of usury and the
reason for prohibiting the usury. The means of proving the
crime and the punishment of usury in shariaa and law. Then
talked about treason, stating the meaning in language and
expression and in law. The types of treason and the punishment
in Islamic legislation and Iraqi and earthly laws. Then talked
about cheating and fraud , stating the definition of cheating
and fraud , the kinds of cheating and fraud , the substrates of
these crimes, the punishment for cheating and fraud in Islamic
.legislation and Iraqi and earthly laws
Description
دراسة تطبيقية مقارنة
Keywords
قانون العقوبات
