Criminal Responsibility for The Murder of The Community in Islamic Jurisprudence: A Comparative Study of Yemeni and Sudanese Laws 10.12816/0019232د.علي أحمد يحيى القاعدي

Abstract

With the help of Allah and right direction, this brief study, which is entitled “Criminal responsibility in respect to the crime of killing the group by one, in Islamic jurisprudence: A comparative study of the Yemeni and the Sudanese laws”. I allocated the first topic to the definition of killing (Al-Qatl) in general and its types, followed by the concept of intentional and semi-intentional killing. In the second topic, I addressed the opinions of the jurists who support the killing of the collective for one and those who are in opposition to them, accompanied by a presentation of the evidences of both parties. It also dealt with the joint participation in the direct deliberate killing upon a meeting of succession, according to the view the jurists. In addition, I gathered their opinions concerning intentional murder by sensory and common cause; between the coerced, murderous and refrainer, alongside mentioning the Shar'i (legal) reason for the punishment of those involved in providing false testimony, which as a consequence results in the killing of a person or persons. That is in addition to the customary (‘Urfi) reason through offering poisoned food or whatever is similar, such as drink or dress, or throwing a snake at a person who then died as a result. We also mentioned the views of the Jurists in respect to when the cause and direct cause are shared, like when someone deliberately places a rock in the path of passers-by, and a person then stumbles on it and falls into a pit dug by another. Upon whom then does the liability fall? In the third topic, I explored the joint participation in respect to intentional killing, between those who must have retribution (Al-Qisaas) applied upon them and those who do not, and between the one who acted deliberately and the one who killed by mistake, in addition to the case of the participation of a foreigner/stranger with the father in the killing of his son, and the participation of the legally responsible with the non-legally responsible person in the act of killing. After presenting the opinions of the jurists, I recorded their textual and rational evidences. I weighed the strongest opinion which I incline towards, accompanied by the reason for viewing it to be preponderant, asking Allah, the Most High, for acceptance of my effort and for it be fitting, indeed He is the Benefactor of that and All Capable, and peace and blessing be upon our master and Prophet, Muhammad, and upon all his household and companions.