تغليظ العقوبة سياسة عند الإمام ابن عابدين رحمه الله تعالى

Abstract

The aim of this research is to clarify what is meant of increasing punishment politically at Imam Ibn Abdin May Allah have mercy on him to shed light on his situation of it and knowing the reasons which aim to increase the punishment politically on him. The main research problem represented in the urgent need for showing and clarification the opinions of our ancient scientists on the issue of increasing the punishment politically. As a result of persistence of cases that constitute an attack on the public interest and the necessity of confront for all images of recent crimes which occur. And among the scientists who didn’t been discussed increasing their thought of private message, draw its axes, show its dimensions and it falls on our present reality Imam Ibn Abdin May Allah have mercy on him and this needed to research and study the topic. The researcher used the inductive and descriptive method in his research. The search concluded with a number of results and the most important thing is that the legitimate politics. At the Imam Ibn Abdin May Allah have mercy on him is reinforcement and that increasing the punishment politically is in accordance with the purposes of Sharia which aim for achieving general deterrence, correcting and disciplining the offender, achieving happiness for the human community .That Imam Ibn Abdin May Allah have mercy on him saw that the meaning of increasing the punishment politically is using the authority granted by Islamic low to the guardian in the possibility of aggravating and increasing punishment on the offender in special circumstances based on achieving the interest and avoiding the spoiler and it is also based according to him on an original principle.which is being that the Ruler must make decisions that are in the interest of the nation . In terms of eliminating crime and criminals and preventing them from tempering with people’s money, lives and property to preserve life, spreading peace, security and eradication of crime. If they are reprimanded by killing for example.  It’s okay to kill them politically if The Ruler sees the interest in that and examples of these are: Kill the thief, diphtheria and the innovator who calls for his heresy and the thickening is by considering a lot of things which has a strong effect in the formation of the gender of punishment and appreciation it like looking at the circumstances of the offender and his motives, The effect of the crime and the surrounding circumstances such as time and place its types are also varied, The researcher attributed the reasons for the severity of the punishment in his view to four: invitation to crime, profess it, it is close to the gender that must be limited and the greatness of the position of the one you committed against him.

Key words: Ibn Abdin - Thickening - the punishment - policy.