عقوبة جريمة الحرابة بين الفقه والقانون: نيجيريا والسودان نموذجاً

The penalty of banditry between islamic jurisprudence and law: nigeria and sudan as case study

Abstract

The researcher dealt with an aspect of criminal jurisprudence represented in explaining the penalty of banditry between islamic jurisprudence and legislative law represented in the nigerian penal code of 1960ad, and the sudanese criminal law of 1991ad. The study aims to demonstrate the validity of islamic law temporally and spatially, also the study aims to explain the points of harmony and disparities between islamic law and legislative laws inoder to demonstrate that islamic sharia is superior to the legislative laws, the method adopted in this research is inductive, deductive and analytical methodology. The researcher used the references approved by the sects in the doctrinal and legal aspect, the researcher has reached important results, including: the sudanese criminal code of 1991ad is in accordance with islamic sharia, unlike the nigerian penal code, although the nigerian law is in accordance with sharia in criminalization, but is contrary to it in the type of penalty. The researcher also recommended important recommendations, including: inviting researchers and student of islamic sciences to write a broader and more comprehensive research in the comparison between islamic laws and legislative laws inoder to demonstrate the validity of the application of islamic law in every time and place and that its provisions are more effective in solving the problems of societal crimes

Keywords: Penalty, banditry, islamic jurisprudence, nigerian penal code, sudanese criminal law.