Open Accessتشديد العقوبة في الفقه الإسلامي زنا المحارم أنموذجاً
Author(s) -
Hamza Abed Al-Karim Hammad,
Abdul Karim Ali
Publication year - 2021
Publication title -
jurnal figh/jurnal fiqh
Language(s) - English
Resource type - Journals
eISSN - 2289-7518
pISSN - 1823-089X
DOI - 10.22452/fiqh.vol18no1.3
Subject(s) - fiqh , punishment (psychology) , jurisprudence , criminology , islam , aggravating factor , psychology , sharia , law , sociology , political science , social psychology , medicine , philosophy , theology , dermatology
This study aims to identify what are the factors, which aggravate the degree of punishment in fiqh and then apply them to the case of incest. The study adopts the analytical method, then the comparative jurisprudential method. It concluded that Islamic jurisprudence has defined the issue of aggravating the penalty, and justified the reasons for its severity, such as: the sanctity of the place where the crime took place or the sanctity of time, and it also concluded that the jurists differed in the severity of the punishment pertaining to the issue of incest.