Crimes and Penalties in Divine Jurisprudences in Comparison With Yemeni Penal Code
Journal: Albalqa Journal for Research and Studies (Vol.11, No. 2)Publication Date: 2006-06-01
Authors : Basem Muhammad Al-Faragy;
Page : 231-282
Keywords : Yemeni Penal Code-Islamic Jurisprudence- Crimes.;
Abstract
The research is named Crimes and Penalties in Divine Jurisprudences In Comparison with Yemeni Penal Code regarded as a general comparative study to crimination-penalization forms in Islamic Jurisprudence, Christian Jurisprudence, Jewish Jurisprudence and Yemeni Penal Code . The comparison is done among ( I8 ) eighteen crimes through showing the texts of Islamic Holy Book ( Koran ) , Christian Holy Book (The Bible), Jewish Holy Book (Old Testament) and Yemeni Penal Code No. I2 of 1994 which related every crime as follows: First- Hudud Crimes includes-Apostasy from Islam 2-Adultery 3-Theft 4-Alcohol Drinking 5- Highway Robbery 6- Armed Rebellion 7-False Accusation (of Adultery). Second-Qasas and Dyiat Crimes include : 1-Intentional Killing 2- Quasi Intentional Killing 3- Unintentional Killing 4- Intentional Injury 5-Unintentional Injury. Third-Tazir Crimes include : l-False Report 2-False Testimony 3-Bribery 4- Usury 5- Enchantment 6-False Weights and Measures. This research finished to a set of results. The main results are as following : 1-The Three Divine .Jurisprudence's contain provisions related the crimination and penalization beside provisions related the belief and ethic. 2- The Three Divine Jurisprudences take part in general to criminate adultery, homosexuality, theft, killing, injury, false testimony false report, bribery, enchantment, false weights and measures. 3-The Islamic feature and spirit overcome Yemeni Penal Code because many articles of Yemeni Penal Code are quoted from Islamic Jurisprudence.
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