(Punishment for bodily harm between the Noble Qur’an and positive law (A comparative study

This topic examines the punishment of bodily harm between the Noble Qur’an and the positive law by identifying the purposes of the punishment in each of them. The Islamic legislation is in agreement with the positive law to the fullest extent regarding the punishment of bodily harm as it applies to serious crimes that in themselves are dangerous and affect the whole entity of society. The punishment in Islamic Sharia is the same as punishment in modern positive law. Islamic Sharia stipulates the punishment for qisas and hudud in order to achieve certain purposes to protect the group’s interest، to reform individuals، to fight crime and prevent its occurrence or to limit its perpetration. A person and his dignity، even if he is a criminal، because of its inclusion of the finest principles and characteristics that characterize the punishment، while the modern positive law until now is still walking behind the Islamic Sharia and has not reached its perfection. By analyzing the content of the message، we were able to reach conclusions to answer the main question: Is there a proportionality Between the punishment in the Holy Quran and positive law? Among the most important results، it became apparent to us that the legal punishment has one general purpose، which is to prevent corruption from society by protecting it from the scourge that may befall it، and protecting society means protecting its members، so that they become protected under Sharia law in order to prevent killing for them and their money by stopping theft in it and in their honor by pushing the assault on it and in their minds By prohibiting what he receives or is absent from and bringing interest is through the establishment of virtue، justice and mercy in society، it has been proven for us that the school of Islamic law in the field of punishment philosophy is characterized by clarity and depth while the positive law school is confused and unclear due to the difference in views، it has been proven to us that the rules of Islamic law in the field of Punishment is an integrated rule that can be applied at all times and places، unlike man-made laws، being impotent and not suitable for all times and places.