Fiqh Wa Tashree

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https://hdl.handle.net/20.500.11888/3196

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Browsing Fiqh Wa Tashree by Author "Ala’ Suleiman Dawood Haibi"

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    Sexual harassment in Islamic Sharia A comparative study with the Jordanian postural law
    (2016) Ala’ Suleiman Dawood Haibi; Dr. Ma’moon Wajeeh Refa’i
    Sexual harassment is a scourge of age and coming down from the calamity that needs a comparative doctrinal study that combines its scattering fractions, and separate between the crime of sexual harassment with the like of sexual offenses; such as adultery, rape and sodomy... This research distinguishes the crime of sexual harassment and its reality and its provisions in the Islamic criminal legislation. This research includes an introduction, a preliminary chapter, four educational chapters and an ending, distinguishing the importance of the family honour and its conservation in the Islamic Sharia, and the extent of the protection of the Islamic penal system for the five essentials – family honor being one of them - , and finally what was characterized by Islam from the rest of the systems in the world. Linguistic concepts have defined family honor and harassment, compared with man-made laws and its jurisprudential adaptation compared with the like of crimes with distinguishing its corners and terms. It has been shown that the crime of sexually harassing honor falls within the punitive crimes in the Islamic criminal legislation in ordinary cases, and it is classified with the banditry crimes in the extraordinary cases with what felony on the victim. After that, it shows the purposes and the important goals for the punishment in Islam, and estimating the required punishment for the sexual harassment crime. It then concluded that the Ta’azeer sanctions are denounced on this immoral crime, and that it is within the Muslim judge’s authority to choose the punishment that it deems appropriate, fair and purposeful on the offender, and this may reach up to the highest levels of these sanctions in some cases. In the last chapter of the research, it combined the most important reasons that lead to sexual harassments. It also showed its forms, its effects on the society and individual and the treatment necessary to avoid it. I ask God to accept this research as an act of benevolence and on a face that satisfies him, for he is the capable.