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|Title||Effect of weak predetermination on robbery crime in Islamic Sharia|
|Title in Arabic||أثر الخلل في الركن المعنوي على جريمة السرقة في الشريعة الإسلامية|
The Islamic Sharia is based on justice and fairness, as it has identified the required evidences that lead to the different punishments of crimes. This has the aim of achieving security and peace in the society. This means that each crime has its own pillars. However, this observed firmness in implementing the prescribed penalties is associated with several requirements and rules to ensure that all the specified pillars of a crime are observed. This means that penalties are only applied if a crime was confirmed without any doubt. This is the scope of this dissertation, which aims to discuss the defect observed in the moral side of theft crimes and to highlight its different consequences. The study has addressed these issues in three chapters as follows: Chapter one deals with the nature of theft, its pillars, and its punishment. This has been tackled through two sections: Firstly, the reality of the theft crime and its pillars, and secondly: the punishment of theft crime. Chapter two, the defect in the moral aspect of the theft crime. This has been tackled through two sections: Firstly, the moral aspect of the offense of theft, and its elements and conditions, and secondly, the nature of the moral aspect defect in the theft crime. Chapter three, impact of the defect in the moral aspect of the theft crime. This has been tackled through three topics: Firstly, impact of the defect observed in the offender’s knowledge on the theft crime, secondly, impact of the defect observed in the offender’s intention on the theft crime, and thirdly, impact of the defect observed in the offender’s will on the theft crime. Finally, the conclusion presented the results, recommendations, and general indexes.
|Publisher||الجامعة الإسلامية - غزة|
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