سلطة القاضي الجنائي في تقدير عقوبة التعزيز في الفقه الاسلامي

Abstract

Abstract of the Memorandum: This research deals with the extent of the discretionaryjudge'sdiscretion in evaluatingdiscretionary sentences. Therefore, in the first section, hebegan to divideitinto four demands by clarifying the meaning of the wordsfrom the definition of authority, the definition of the judge, the legitimacy of the judiciary, the wisdom of the judiciary and how to achieveit, Ta'izir, and itslegitimacy, and a statement of the mostfamous types, including: Taazirpreaching, and Tazirreprimand and stoning, and the confiscation of money, and thenTaazirdenial, and murder, and thensome of the sanctions Altzirip, and its impact in the prevention of crime, in terms of denial of the offender, The second question wasdividedinto four demands: the first requirementwas the obligation and the terms and conditions of the punishment. The second requirementwas to describeexamples of the tortiouspunishment, such as riba, perjury, treason, bribery and bribery. The thirdrequirementdealtwith the power of the judge to assess the punishment. The fourthrequirementdefined the crimes of the Ta'ziri penalty, its impact on the discretionarypunishment, and itseffect on the authority of the judge. Then the third and final topic in the note thatspeaks about the flexibility of Islamiclaw in the punishmentTazirip and the extent of the judge'sauthority to challenge, and the subjectwasdividedintotwodemands: The first requirementdealtwith the flexibility of Islamiclaw in the ta'ziripunishment, and thendealtwith the second requirement of the extent of the judge'sauthority in determining the punishment of ta'ziriyyah in accordance with the provisions of Islamiclaw. He concludedwith a range of conclusions and recommendations.