مجلة الصدى الدراسات القانونية والسياسية
Volume 3, Numéro 1, Pages 182-206
2021-03-20
Penalty Of By-mistake Injuring Offence According To The Egyptian And Algerian Penal Law, An Evaluative Study From An Islamic Viewpoint
Authors : Gameel Dr. Muhammad Gabr Al-said Abdu-allah .
Abstract
The study aimed at evaluating the penalty of injuring by mistake offence according to Egyptian and Algerian Criminal law in the light of Islamic Law (Shari'a). The study used the descriptive methodology to reach the targets in question. To gather the required data, a review of literature was administered. The study came to the conclusions that: first. Islamic Law (Shari'a) imposes a compensation (blood-money) to be given to the victim as a penalty for those who proved committed of injuring by mistake offence; second, the Egyptian and Algerian Criminal laws impose imprisonment a fine as alternative penalties for this offence and this contradicts with what Islamic Law (Shari'a) necessitates. The study recommended that the Egyptian and the Algerian Criminal laws ought to adopt a compensation (blood-money) to be given to the victim as a penalty for this crime in reply to what Islamic Law (Shari'a) requires
Keywords
penalty of by-mistake injuring offence, Islamic Law (Shari'a), penal law
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