قاعدة الخطأ في العفو أولى من الخطأ في العقوبة دراسة دراسة فقهية تأصيلية مع دراسة تطبيقية في المحاكم السعوديةِ
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Abstract
Abstract
Jurisprudence is a science of great and significant benefit. One of the most important and significant jurisprudence rules that the Islamic Sharia brought, and one of the highest and most honorable principles, is the rule (A mistake in forgiveness is more important than a mistake in punishment). This great principle was established by the eminent jurists, as they derived it from the guidance of the Noble Qur’an, the honorable Sunnah and the work of the Companions. This rule has clearly demonstrated the justice of Islam, the fairness of the Sharia, the mercy of God Almighty to His servants and the ease for them and relive them from embarrassment. Despite the importance of this rule, I did not find an independent study that singled out it for rooting and application. Therefore, the study came to deal with this rule by searching by mentioning the overall meaning of it, and to clarify the basis for this rule from the Qur’an and Sunnah and the sayings of the Companions and Followers. It also aims to clarify the relationship of the rule to the rules and purposes of Sharia, as well as a practical applied study in the judiciary of the Kingdom of Saudi Arabia.