الاشتراك في القتل العمد دراسة مقارنة بين الفقه الإسلامي وقانون الجزاء الكويتي

Abstract

Objectives: The study aims to compare the provisions of Islamic jurisprudence with the Kuwaiti Penal Code regarding participation in premeditated murder. In order to clarify the points of agreement and disagreement, and suggest the appropriate amendment compatible with the purposes and provisions of the Sharia.

Methodology: The study relied on the descriptive, analytical, and comparative approach, through the explanation of the opinions of Islamic Sharia jurists and law jurists, with their analysis and description of their consequential effects, and comparing the opinions of the Islamic schools of thoughts with what is adopted by the Kuwaiti Penal Code.

Findings: The Kuwaiti Penal Code agreed with what is approved by the majority of the Islamic jurists in not requiring parity in numbers to establish legal retribution. They differed on the issue of the participation of young children, insane individuals, or an accidental person with an intentional killer in a murder, so the law decided that the participant would not be affected by the status of their partner. This is in contrast to the statements of the Islamic jurists proven to be more correct. The researcher suggested amending some articles of the law in order to achieve the benefit and ward off harm for the people.

Originality: The importance of the study lies in its connection to life preservation, which is a necessary purpose that Sharia urges to preserve it, especially with the paucity of jurisprudential studies comparing the Kuwaiti Penal Code in this aspect. The study suggests to amend some articles of the law in accordance with the most correct of the opinions of the jurists. The researcher recommends preparing comparative jurisprudence studies with the law on issues of premeditated murder.