Compensation for the retribution of the wrong self in the Imam، Hanafi and Iraqi law jurisprudence

Author:
Tarek Khudair Akan MAkASSEES
Level:
Master
Field of study:
Law and Jurisprudence
Language:
Arabic
Faculty:
Faculty of Religions
Year:
2022
Publisher:
URD Press
Supervisor(s):
Hossein Rajabi
Advisor(s):
Mustafa Zaki aIami

God has made retribution in Shari’ah laws and execution in statutory laws for the rulers and judges of Islamic societies to save lives, people’s lives, realize the right and get the right, and this divine punishment must be implemented for the criminal as a lesson for others. Retribution is a punishment that God has established and given  man the  power  of its implementation.  Because man is not infallible and is materialistic  , he often makes mistakes in this context, therefore this mistake  is a factor  causing  decisions and judgments to be wrong. Among those mistakes, there is a mistake in retribution or execution. This mistake has serious consequences in the Islamic society, which should not be ignored, so the legislator needs a suitable solution. In retribution, they have established the principle of compensation for the victim and his family. This study has  aimed  to investigate  the retribution and compensation for the damage caused by the mistake in the execution of the retribution and the parties responsible for it and how to deal with it through compensation. Compensation plays an important role in addressing the rights of the victim and his family and its important role in preventing social, material and spiritual damages that hurt the heart of the Islamic society with human loss that plays an important role in the structure of society. The study problem is related to mistakes in retribution, because this requires finding central and effective solutions to solve this big problem and emphasizing the principle of compensation and paying attention to its correct implementation considering Sharia and the law and  it is the only means of compensation and rights. This study is important and necessary because the solutions approved by Shariah for these issues are verified in order to achieve the desired result.