عقوبة التشهير في الفقه الإسلامي والأنظمة السعودية "دراسة تحليلية"

Abstract

     This study deals with one of the punishments that came in Islamic jurisprudence, namely defamation of the violator or the perpetrator, knowledge of what is meant by them in the jurisprudence and order, and the legitimacy of them in the doctrinal and systemic aspects (the Saudi regime), as will be shown through the study defamation methods past and present, in this study, the researcher took the analytical inductive approach, finding that defamation as a punishment came in Islamic jurisprudence as a type of punishment of the Ta’zir, which was attributable to the guardian deciding on it according to need and interest, as well as on the kind of the offence, and the perpetrator's situation, it also came as a punishment in the Saudi regime and varied between a supplementary penalty, which must be stipulated in the judgement, and

 a consequential penalty for the original penalty, which is not required to be stipulated in the judgement.

    The study also touched on controls and restrictions on defamation in the media and the right of those affected by defamation in the Saudi regime.

Key words: defamation, punishment, Islamic jurisprudence, Saudi regime, consequential penalty, supplementary punishment.