Criminal justice in the punishment of intentional homicide with Reference to Islamic Law

  • Dr. Hashim Mohammed Al-Juhaishi Department of Law, Al-Hadbaa University College
  • Assist. Lect. Maher Sabah Al-Juburet Department of Law, Al-Hadbaa University College

Abstract

Execution, as stated in all religions, contains justice that the mind cannot imagine optimal, and it has many advantages that are not found in imprisonment or other punishments, it is a punishment in accordance with the crime, the latter is a deliberate assault on the soul; It would be justice to take the same action, and it is not reasonable for him to lose the father of his son, and see his killer go and become among the people, and he was deprived of seeing his son, and if it is said that the death penalty is a heavy punishment; We say that the crime is also severe, and the hard-hearted criminal is not punished with something not equal to his crime, and it is not reasonable to think of mercy for the offender, nor to think of the pain of the victim or his guardian; This is a reversal of the conditions of sound rational reasoning, and mercy in its place is a clear injustice, rather it is excessive cruelty, and calling it mercy is a mistake that must be corrected, and it is cast in the same offender when committing the crime. Whoever inflicts this death on him, and the thought of escaping from him makes him permanently homeless and will not be absent from the eyes of the censors from the members of the competent security services, nor the relatives of the murdered, and that death awaits him inevitably, long or short, which may prevent him from completing the crime and relinquishing it. If he proceeds to commit the crime, and the penalty has come down on him, then he will be assured of his justice, because it is the recompense for what his hands have earned, and it is the most just ruling of the rulers of God Almighty in His creation.

Published
Feb 13, 2023
How to Cite
AL-JUHAISHI, Dr. Hashim Mohammed; AL-JUBURET, Assist. Lect. Maher Sabah. Criminal justice in the punishment of intentional homicide with Reference to Islamic Law. Tikrit University Journal for Rights - مجلة جامعة تكريت للحقوق, [S.l.], v. 7, n. 2, p. 292-328, feb. 2023. ISSN 2663-8983. Available at: <http://tujr.tu.edu.iq/index.php/t/article/view/928>. Date accessed: 02 june 2023. doi: http://dx.doi.org/10.25130/rights.v7i2.928.