ظاهرة القتل في المجتمع الفلسطيني أسبابها وكيفية علاجها وتطبيقاتها القضائية
Date
2020-01-06
Authors
عادل صلاح الدين محمد خلوي الجولاني
Adel Salah Al-Deen Mohammad Al-Jolani
Journal Title
Journal ISSN
Volume Title
Publisher
Al-Quds University
Abstract
It is noticeable recently that the phenomenon of murder has surfaced in all societies and
spread widely until it became a terrifying nightmare for all segments of society, as a result
of the weakness of religious motivation among people, and the failure to apply the limits of
God Almighty, and the recourse to the application of laws and the spread of communal
diseases as a result of non-education, Murder has been around since ancient times when
Adam's son, peace be upon him, was killed and disputed, when Qabel killed Habel ,
killing and fighting began in the history of humanity.
This study came to draw attention to this phenomenon and to identify the most important
causes and diagnosis in our Palestinian society, and intimidation of its commission and its
punishment in the world and the hereafter, and to explain the preventive and therapeutic
reasons in the near and long term, and then to explain the judicial procedures in relation to
murder, the researcher adopted the descriptive approach, the methodology Inductive, and
where appropriate analytical approach, to be the approach of this study an integrated
scientific approach.
This study included an introduction, three chapters and a conclusion, In the first chapter,
the researcher talked about the concept of murder and its implications in Islamic law,
indicating its history in mankind, its types, forms, pillars, the legitimate effects of murder,
and the wisdom of retribution legislation.
In the second chapter the researcher showed causes of the phenomenon of killing in the
Palestinian society, and ways of prevention and treatment, including: the background of
honor, envy, suicide, accidents, the background of money, quarrel, and liquidation on a
political background. The researcher explained ways of preventing the phenomenon of
murder, through highlighting the role of the family, school, community, security
institution, educational institution, and the implementation of the extreme limits by the
executive authority, and religious awareness through the mosque, and the media.
Then, the researcher mentioned ways to cure the phenomenon of murder, which include,
amend the laws in accordance with the teachings of Islam, and the intervention of reform
committees and tribes to besiege the effects of the killing and reduce the risks, and the
formation of the Commission for the Promotion of Virtue and Prevention of Vice, such as
the mandate of Hisba.
In third chapter the researcher showed the judicial applications and their importance in
murder cases in the Shari'a and civil courts, the researcher highlighted them by mentioning
the concept of the lawsuit, the conditions, and how to consider them, and the claims that
are filed with the Shari'a courts, which is a claim for blood money, and a claim to correct
the inheritance related to killing, Denial of wills, as well as civil court cases, namely,
criminal and compensation claims, comparing them to amicable claims, and listing
examples of case law in murder cases.
As a results, the researcher recommended that the state should pay attention to the
phenomenon of killing and monitor all its causes through an in-depth study and develop
solutions to curb its spread, through a short and long-term plan and start implementing it
immediately and work on drafting comprehensive and modern Palestinian laws derived
from the provisions of Islamic Sharia, without dependence on any laws that consistent with
these provisions, and their application throughout Palestine, in order to standardize
litigation procedures, and to conduct seminars and educational sessions for the members of
the Palestinian society, to demonstrate the magnitude of the crime and ways to prevent and
how to treat it, away from the wrong customs and legacies that violate the provisions of
Islam.
As well as the need to address the Shari’ a or Civil judiciary, each in his own case in the
event of the crime of murder, and the work of a similar study in the Palestinian society
within the Israeli entity, where the phenomenon of killing is currently a number of reasons
can be identified by monitoring the killings there and then addressed, the formation of
committees such as Hesba Abnormal phenomena in society and their treatment, and
intervene in the reform of the same under the supervision of competent scientists employed
by the state so as not to be taken over by the non-people, the damage is more than benefit.