الحبس الاحتياطي في جريمتي السرقة والاختلاس دراسة مقارنة بين الفقه الاسلامي والقانون الوضعي

Abstract

I have discussed this research, which was entitled Pre-trial detention in the crimes of theft and embezzlement between Islamic jurisprudence and positive law, which is a measure that deprives the accused of freedom for a period of time determined by the requirements of the investigation and his interest in accordance with specific rules of the law. Thus, he is approaching the penalty of deprivation of liberty in its consequences, though not a penalty per se. This research is a comparative analytical study between Islamic jurisprudence and positivist law. The second chapter deals with the procedures of preventive detention in the crimes of theft and embezzlement between Islamic jurisprudence and positive law, and contains two sections. The first is the concept of the two crimes of theft. And the second is the preventive detention in each of the crimes of theft and embezzlement between Islamic jurisprudence and positive law, and its expiry.