ملخص الدراسة:

This study tackles the issue of honor killing in the Palestinian law. In this regard, the study implemented the analytical descriptive approach in addition to the comparative approach. This has been done through studying the legal texts of the penal laws applied in Palestine, analyzing them, and comparing them in the light of the rules of the Islamic law. These texts were also compared with the Arab penal laws particularly in Egypt and Jordan in order to benefit from them in the development of applicable penal laws in Palestine. The study includes three chapters. The first one discussed the crimes of murder and adultery in the man-made law and the Islamic law. The second chapter discussed the concept of honor killing, and the stance of the Arab laws against this crime. The third chapter discussed the stance of the laws implemented in Palestine and the Islamic law against the crime of honor killing. The conclusion confirmed the study hypotheses through a set of results. Most importantly this included the finding that the main reason for the spread of honor crimes is the absence of a deterrent punishment for criminals who commit their crimes under the “honor” excuse. The study stressed that the Islamic law did not grant the perpetrators of these crimes any excuse to kill. Rather, the cure of this crime lies in the application of the rulings of the Islamic Sharia, especially the rulings of murder, adultery, and le’aan mentioned in the Noble Quran and Sunnah. The study also concluded that random and immature decisions lead to counterproductive results or partial and temporary solutions to legal problems. The study arrived at a set of recommendations. Most importantly, the study recommended the need to speed up the production of a unified penal law applicable to all groups of people and all parts of the Palestinian Territories. This law should be consistent with the rulings of the Islamic law. The study also recommended the need to intensify all efforts to work to spread religious awareness among all groups of society to clarify the seriousness of this crime on individuals and societies. In this regard, it should be emphasized that a main aim of the Islamic law is to limit the spread of honor crimes by all means being preventive or punitive.

توثيق المرجعي (APA)