Provisions for premeditated murder in the Imami and Hanafi jurisprudence and its implementation in Iraqi law

The research of our message has dealt with an important topic, namely, intentional killing with the fulfillment of the conditions and ways of proving them that result in the judgment of intentional killing. And between Iraqi law, where it is noted that he has faced the difference between the provisions of Sharia with the Iraqi positive law, and for that the research sought to correct the Iraqi law and make it consistent in its legislation with the Sharia represented by the Shiite sect, with our observation that it was compatible with the Hanafi sect in many of its aspects, except that The percentage of followers of the Hanafi school of thought is lower than the followers of the Imamate school of thought in Iraq, as the proportion of followers of the Imamate school exceeded seventy percent, and the law is supposed to address the problems of the majority in the country. While not marginalizing the other sects that exist in the country, but this is what the positive law did not notice because it was enacted during the time of the previous arrogant authority in Iraq, and for that our research sought to present a comparison of the Imami madhhab and the Hanafi madhhab on the one hand and on the other hand the articles of Iraqi law in a crime that was investigated Intentional killing and the rulings related to it in terms of sources of agreement, The aim of the research is to show the vision of the jurisprudence of Ahl al-Bayt, peace be upon them, in premeditated killing, prevention of transgression, showing the sanctity of the human soul and its virtue and protection to ensure a decent life among people, and suggesting the necessary amendment to the Iraqi law and making it consistent with Imami jurisprudence and invalidating theories that contradict the provisions And the importance of the research is that the jurisprudential and specialized scientific study of the treatment of premeditated murder in Imami jurisprudence, Hanafi jurisprudence and Iraqi law, it shows that jurisprudence has a divine vision capable of absorbing the reality of the sanctity of premeditated murder to give A look that expresses the will of God Almighty in all matters, and this is what calls for the necessity of this research. And the Iraqi law, so that our research becomes a reference for researchers. Showing the aspects of understanding and entering jurisprudence in all aspects of premeditated murder in Iraqi law is something that must be highlighted, To clarify the importance of the presence of doctrinal specialists who put the divine vision for the believers to follow in its footsteps and avoid the killing that God Almighty has forbidden to Muslims in particular and to human beings in general. The research included an introduction, three chapters, and a conclusion, and the researcher reached several results, the most important of which is that the penalty for premeditated murder is not permissible for the judge to pardon because it is a punishment estimated by God Almighty. The second is the agreement of all the jurists that the guardian can take retribution from the offender or pardon and take the legal blood money. Also, the Hanafi jurisprudence differed from the Imami jurisprudence with the means of killing, and they made the Hanafis a causation for killing, unlike the Imami jurisprudence, which specified the.