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Journal of Islamic Studies and Thought for Specialized Research

About the Journal :

Journal of Islamic studies and thought for specialized research, a magazine working in the field of intellectual reform and knowledge, as one of the pillars of the project of contemporary Islamic civilization.

The magazine seeks to be a port for scientists, thinkers, researchers and intellectuals to work hard to reform the Islamic thought and methodology at the nation level, exceeding the boundaries of language and region, to serve humanity as a whole in order to achieve the greater goal of promoting the levels of human thought at the global level.

The Journal of Islamic Studies and Thought for Specialized Research aims at providing high-quality scientific research in order to provide an excellent scientific material. It is useful for researchers, intellectuals and specialists to form a scientific reference in the process of achieving our vision. The magazine undertakes to communicate with researchers and writers from different walks of life to promote their research and articles. Including the scientific movement and intellectual efforts in the field of reform and promotion of the system of human thought.



THE RULE OF THE CIRCUMSTANCES OF THE DEFENDANT AT THE PUNISHMENT IN ISLAMIC SHARIA LAW AND IRAQI LAW

ABSTRACT

This study illustrates (the rule of the circumstances of the defendant at the punishment in Sharia and Iraqi law( Islamic Law protects The conditions of the accused and definitely prohibits the crime against him. Iraqi Law does not take into account the circumstances of the accused and crimes, in any bad or good condition.  The discussion dealt with the definition of terms linguistically and terminology.  It defines the circumstances of the defendant, and highlights the types of circumstances, knowledge of the rule punishing at times in Islamic Sharia and Iraqi law, comparison between Islamic law and Iraqi law in the introduction of the circumstances of the defendant. The researcher has an inductive approach in monitoring the relevant information, the descriptive approach and a description. The study found that Islamic Sharia is based on the full respect of all human rights on the defendant, and not violated of this right for any reason, such as religion, race, gender, language, unlike other Iraqi law. It denotes that Islamic Sharia preceded other laws in case of the circumstances of the defendant at the punishment. The study confirmed that the case of the defendant's rights in Iraq especially remain very serious and does not practice on the ground.

Keywords: state circumstances, defendant, punishment , Sharia and Iraqi law.