وسائل المجتمع في مكافحة الجريمة الجنائية في الشريعة الإسلامية والقانون الوضعي..
Social Sources of Combating Criminal Offence in the Light of Islamic and Common Law
Abstract
This article aims to highlight the social sources of combating and opposing criminal offence endorsed by Islamic and criminal law. It is the prime responsibility of society to combat criminal offence. For this purpose, Islamic jurists have identified some sources to be used. They mention seven sources in the light of the Quran and sunnah. This study elaborates every source and step in detail. Every source is supported by the verses of the Quran, sayings of the Prophet (peace be on him), and opinions of the Jurists of different schools of thought. Three steps have been mentioned in a Prophetic tradition that tells that whoever sees an evil should change it with his hand; if he cannot, then with tongue and if he cannot, then with his heart and this is the weakest stage of faith. The study also discusses different steps and stages to combat crime in contemporary law, like to give information about crimes, arrest the accused, and handover him to the authorities and kill an aggressor using the right of private defence. It also makes a comparison between Islamic law and contemporary law enforced in Pakistan.
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