Semi-premeditated murder And its punishment jurisprudential study compared to the Yemeni Penal Code

Abstract

This study focuses on the subject of the premeditated murder and its punishment, This study is taken from the master's thesis of the researcher named "The crime of self-abuse and punishment is a jurisprudential study compared to the Yemeni criminal law" Because the problem of research lies in the widespread and increasing crime of murder, especially the murder of semen, Leading to a call for a change in the Yemeni Penal Code. Therefore, the researcher sought to conduct this comparative jurisprudential study with the Yemeni law in order to determine the extent of matching the semi-deliberate killing in Islamic jurisprudence with the Yemeni Penal Code, As well as to clarify the relationship between the penalties stipulated in the Islamic jurisprudence and the penalties stipulated in Yemeni law with regard to the penalties for the murder of semen, As well as to compare each crime with the penalty provided by the law, in order to determine the extent to which the manslaughter was linked to the penalties prescribed in the Yemeni Penal Code. The researcher has adopted three approaches to this study: Inductive Method, And the analytical approach, And the comparative approach, Where the provisions relating to the manslaughter and its punishment were followed, And the sayings and opinions of jurists in Islamic jurisprudence and Yemeni law and the researcher analyzed and discussed these statements and opinions and the weight of what is necessary to swing, He then compared the texts in Islamic jurisprudence with the texts in the Yemeni Penal Code for the purpose of knowing the relationship between them, As well as comparison of the crime with its penalties stipulated in the Yemeni Criminal Code, To determine the extent to which the offense is related to the offense in law. The researcher concluded his dissertation with the most important findings: That the Yemeni Code of Crimes and Penalties in relation to the murder of the manslaughter, The second result is that in some articles of the special law the provisions of the manslaughter is a defect in the relationship between the crime and its penalty stipulated in the Yemeni Penal Code, Must be reviewed, adjusted and arranged.