The crime by refrain and leaving, its essence pillars and applications into a legal comparative study to Islamic juispudence

Abstract

crime usually happens in a negative way, that is to prevent an act that is bidding legally, punishable by his/her legacy, or legally binding on it, another one doing positively is the crime takes place in a positive way, that is, by committing an act prohibited by the law and criminalized by the law, especially if it results in an act or omission as a harmful result, and whether the harmful result financial or misconduct was a pure legal violation. The crime of refraining may be preceded by positive behaviors which time its completeness and magnitudes are confirmed.
The elements that make the crime are available in the crime of abstinence, like other crimes. The material element is indicated from the proposition that each crime has a result and the causal relationship between the result and the conduct. Or through the law’s consideration of that behavior alone without taking care at the result, depending on the legal concept of the result, through which the result is aggression against an interest saved by the law.
The moral element of the abstaining crime is got when there is a condition of discrimination and freedom of choice for the wrongdoer, so the criminal act is issued by someone with a criminal ability.
The element of compulsion in the crime is achieved by abstaining when there is a legal obligation on the individual’s responsibility. His\her failure to implement what he\she orders leads to the arrangement of responsibility over the wrongdoer, on the basis of one or more of the base of compulsion, starting with the Penal Code and then the laws that supplement it and after that contract and the conduct of the perpetrator and other laws and rules Public and custom, responsibility and the idea of the advocator, and the exclusive responsibility to protect interests.
In Islamic statue include more ways to rule on the crime of abstaining, by considering the abstainer as a cause of the crime, or as a participant therein, or as being incompetent to do what he must himself\herself or assign to him\her from the accomplishment appoint on him\her, and the abstainer can also be judged based on the evidence from the texts of the BOOK and The SUNNAH is straightforward, and the decision of the wrongdoer can be withdraw by measuring it with similar origins and patterns.
The criminal victuals have expanded in Islamic jurisprudence and the penal code for the crime of continence, and have determined the appropriate penalties for it according to the resulting damages and aggressions affecting the individual and society.