العقوبة في الشريعة والقانون الوضعي : أصولها ومقاصدها

Abstract

Every country in the world has implements its own laws with the aim of maintaining the harmony of the well-being and stability of the people and the people who live in it. Laws used in upholding justice and protecting the human rights, whether using punishment of Sharia (Islamic) law and also civil legislation. The public is aware of the existence of these two laws, but few know the difference when some case occurred it can be applied by the punishment of Sharia and civil law. Among the objectives of this study is to make a comparison of the implementation and purpose of this law is practiced and implemented. This study will use interview and library methods. Both of these methods are intended to obtain primary data and secondary data, in order to strengthen the findings of this study. ‘Bahath takharruj’ is divided into 2 chapters consisting of introduction, Sharia Law purpose and its basis, civil legislation purpose and its basis and final conclusion. The results of this study of ‘bahath takharruj’ can contribute knowledge and understanding of the purpose and policy of the punishment of sharia and civil legislation law practiced and implemented in a society and country. The introduction of the study covers the importance and rationale of the study. The content of the first clause is to identify the meaning of the word 'punishment' in terms of language and terminology from the point of view of Shariah and Civil Law, the characteristics of punishment, forms of punishment and the differences in the meaning of 'punishment' between these two laws. The second clause examines the purpose of punishment according to Shariah and Civil Law to distinguish how the execution of the punishment is determined in these different laws.