تشديد العقوبة في الفقه الإسلامي زنا المحارم أنموذجاً

Aggravating Factors in Sentencing from the Perspective of Islamic Jurisprudence with Special Reference to Incest Case

Abstract

This study aims to identify what are the factors, which aggravate the degree of punishment in fiqh and then apply them to the case of incest. The study adopts the analytical method, then the comparative jurisprudential method. It concluded that Islamic jurisprudence has defined the issue of aggravating the penalty, and justified the reasons for its severity, such as: the sanctity of the place where the crime took place or the sanctity of time, and it also concluded that the jurists differed in the severity of the punishment pertaining to the issue of incest.