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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| Main Author: | |
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| Other Authors: | |
| Format: | Thesis |
| Language: | Arabic |
| Published: |
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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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/9139 |
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| Summary: | 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. |
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| 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. |
| Physical Description: | ك، 100 leaves ; 30 cm. Also available on 4 3/4 in. computer optical disc. |
| Bibliography: | Includes bibliographical references (leaves 91-99). |
| Access: | Access for fulltext of thesis is provided through digital format. |