فوات المحل في أطراف الدعوى الجزائية في جرائم الحدود والقصاص وأثره على الدعوة (دراسة مقارنة)

Abstract

One of the main principles stipulated in Sharia laws(doctrinal provisions) is that :punishment Is personal and related to the perpetrator himself so it is not possible to hold someone accountable for another person's action. According to this principle, punishment shall be expired by the death of the accused. Some jurists state that the penal case is expired due to the death of the victim. UAE penal code derived from both Sharia laws and positive law. This study elaborate the provisions of expiration of lawsuit due the death of the perpetrator in Sharia and law and the effect of the death of the victim therin.