THE KILLING OF THE GHEELAH: ITS TRUTH, THE RULING ON PARDONING IT AND THE POSITION OF THE QATARI PENAL CODE ON IT

Abstract

The idea of research is to study the punishment of the crime of gheelah murder. The main problem lies in three matters: the first, in depicting the reality of killing gheelah in the terminology of jurists, and the second: in the rule of pardon in it, and the third: in the presence of these two issues in the Qatari Penal Code. As for the first problem, the jurists differed in defining the reality of killing the gheelah in two broad and narrow directions. The conception of this case has a strong influence on the branches related to the question of killing of gheelah; Since what is called killing a gheelah in language does not require it to be so in the terminology of those with a narrow tendency, the ruling may differ; On the dispute regarding the punishment of someone who killed a gheelah, do the relatives of the murdered have the right to pardon him, just as they have the right to receive retribution, or does it fall? Because it is a kind of enmity; The sultan must kill him. The research added the extent to which this issue is present in the Qatari Penal Code, its position on it, and its compatibility with the Sharia ruling. It depends on the induction and analysis of sayings and the discussion of the evidence for each, using the analytical and inductive approaches. The research reached results, the most prominent of which is a statement of one of the aspects of the severity of the Maliki doctrine in the maintenance of blood, and a statement of the validity of their saying and its compatibility with the legitimate purposes and the correct legal analogy, and that the Penal Code did not overlook the issue of killing ghouls, and if we set the path of the public, the Malikis say an entry in it; In terms of killing of gheelah as a form of enmity, because the Penal Code declares its obligation to apply the rule of Sharia with regard to enmity if the conditions are met.