مدى شرعية تعذيب المتهم في الفقه الإسلامي : دراسة مقارنة بالقانون الماليزي /

The purpose of this study is to study the issue of torturing the accused in the jail before formally accusing him, by examining the opinions of the Muslims scholars in this matter and to compare it with the legislation rules that are mentioned in the Malaysian positive legislation. This study discov...

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书目详细资料
主要作者: أحمد زبيدي بن بيدين
其他作者: Ahmad Zubaidi bin Bidin
格式: Thesis
语言:Arabic
出版: Kuala Lumpur : Kulliyat Ma'arif al-Wahy wa al-'Ulum al-Insaniyah, al-Jami'ah al-Islamiyah al-'Alamiyah bi- Maliziya, 2007
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在线阅读:http://studentrepo.iium.edu.my/handle/123456789/9139
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总结:The purpose of this study is to study the issue of torturing the accused in the jail before formally accusing him, by examining the opinions of the Muslims scholars in this matter and to compare it with the legislation rules that are mentioned in the Malaysian positive legislation. This study discovered that the Muslim scholars were divided in their thought, some supported the idea, meanwhile others rejected it, and each of these parties had its own proof. This study supported the idea, that say the accused can be tortured if there were strong evidences and proof, that shows he had committed the crime. This study also clarified the prohibition of torturing the accused in the Malaysian legislation, but the police still committed a clear disobedience by torturing the accused in the jail or prison, and one of the important results highlighted in this study is that the human mind cannot reach completeness, the Malaysian positive legislation is made by human beings, therefore the inadequacy in it must be plunged by the wahy. The study was concluded with the results and suggestion.
Item Description:Abstracts in Arabic and English.
"Bahth takmili li-nayl darajat al-Majistir fi 'Ulum al-Wahy wa-al-Turath (Qism al-Fiqh wa Usul al-Fiqh)."--On t.p.
实物描述:ك، 100 leaves ; 30 cm.
Also available on 4 3/4 in. computer optical disc.
参考书目:Includes bibliographical references (leaves 91-99).
访问:Access for fulltext of thesis is provided through digital format.