Reasons for permissibility in Egyptian criminal law and Islamic jurisprudence

Author

Faculty of Sharia and Law in Damanhour - Al-Azhar University

Abstract

The reasons for permissibility are objective circumstances that are closely related to the material of the crime, and have nothing to do with the personality and psychology of the offender. They represent restrictions on the criminalization texts that result in the absence of the legal element of the crime; Because the reason for permissibility enters into the illegal act, thus removing the illegal character that was attached to it, and making it a lawful act in the circumstances in which it was committed, such as surgery for medical treatment, and legal defense. The reasons for permissibility in the Egyptian law and Islamic jurisprudence are the use of the right, the use of authority, and the consent of the victim. , and legal defence. It is mentioned exclusively, and therefore the judge may not order the permissibility of an act based on another reason not stipulated by law. For each reason, the legislator has specified the permissibility of certain conditions and controls that must be met in order for it to produce its effect, so as not to open a wide field for those who invoke it to obtain an exemption from the penalty or a mitigation of it. The importance of the reasons for permissibility appears in that they permit the act, whether the perpetrator of the act knew of this permissibility or not. And that it is of an objective nature, its impact extends and everyone who participated in it benefits from it. It also denies both criminal and civil liability, which is different from the impediments to responsibility and impediments to punishment. In light of the foregoing, I will study the reasons for permissibility in the Egyptian criminal law and Islamic jurisprudence, explaining its concept, the wisdom of it, its forms, its distinction from the impediments of responsibility and the impediments of punishment, and the consequences thereof. God willing.

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