تأجيل العقوبة عن الحامل والمرضع والنفســــاء دراســة فقهية مقــــارنة

Abstract

This study aims to know the provisions related to delaying the completion of a pregnant woman marginal deterrence. Therefore, some of these provisions have been shown in this research. The researcher used the inductive approach and what the clergy have said about the issue and the deductive inferential approach in inferring the postponement of this punishment and eliciting the evidence indications to the research subject.

Several results are reached. The most important of them were: God’s prescription to people of everything that preserves their religion and their life interests, including the legal penalties for preserving their religion, themselves, their money, their minds, and among these legal penalties, marginal deterrence.

     The Islamic law is distinguished by its validity for every time and place and its assimilation of changes and keeping pace with development in all aspects of human life. The means of detecting crimes and their perpetrators and knowing the means of committing them and their methods have evolved, which requires making use of modern technology and new means in various fields to know the perpetrators of these crimes and achieve justice in the best and most accurate way possible.

     If a marginal punishment is imposed on a pregnant woman, the scholars are unanimous in postponing the punishment until she gives birth. The scholars also agreed, in the four Islamic schools and others, to rely on the person's statement of experience in proving pregnancy and postponing the punishment accordingly. It was also stated in the clergy’s statements that a woman should not be examined if she will be punished and if she does not miss a pregnancy or has no signs of it.