‫الجرائـم الواقعـة‬ ‫على الاشخـاص والامـوال‬ ‫في قانـون العقوبـات العراقـي‬

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2017

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‫‪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

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دراسة تطبيقية مقارنة

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قانون العقوبات

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