الرشوة في الفقه الإسلامي والقانون الجنائي العراقي : دراسة مقارنة

Abstract

This research aims to study and compare Islamic law with the Iraqi criminal law on the crime of bribery, disclosing its causes and effects associated with knowledge and the impact on the present and future conditions of the country. The researcher identifies the penalties contained in the Iraqi law on the crime of bribery and the gaps in some of the texts. The researcher compares them to the penalties set forth in Islamic jurisprudence and tries to find their integration to meet the shortfall. The research also looks into types of bribery under Islamic rule and the impact on worship and transactions together with the circumstances specified by some scholars on bribery exception in addition to trying to find solutions as deterrent and precautions to reduce the crime. The inductive approach had been used to analyse the sayings of scholars of the original sources of reference books and contemporary references as was the use of the analytical method in critically analysing the views of scholars who discussed and evaluated the prevailing views based on evidence and linking them with the reality of contemporary life in terms of bringing interests and warding off evil. The answer came in the absence of a difference in the substance of the bribery of jurisprudence and legal as well as the existence of a distinct lack of sanctions in the Iraqi criminal law and what it received in Islamic law with suggestions to address the deficiencies and gaps.