The Role of Commanding Good and Forbidding Wrong (The Role of al-Amr bi'l -Ma'ruf wa'l-Nahyi an al-Munkar) in the Prevention of Crime in the Islamic Criminal Legislation. - A Comparative Study - By: Lawyer Dr. Muhammad Riad Al Khany
No one in the Islamic Society can deny the effect of the order to do well and to refrain from what is bad on the prevention of crime. This order is a fundamental source of the Islamic Legislation in general and of the Islamic Criminal Legislation in particular. This in situation stem s its origins from two sources: The Holy Quran and Sunnah of our Prophet Muhammad. The Quran had said many times and on m any occasions, that the main task of the individual is to practice and order the well and to refrain from doing the bad and not to harm others i n the Society. My argument of "Al-Amri bi 'l - Ma'ruf Wa' l Nahyi. an al Munkar and its role in prevention of crime in the Islamic Criminal Legislation" can be divided to 3 subarticles: A. The role of the individual in the Islamic Society regarding the Criminal Field: 1 - Regarding the per-trial stage: 1" - The duties of the individual are to reveal the crimes to the State or to any official a authority in the State, to point out of the criminals and their assistants, and to reveal the places where they are hidden when it is possible. 2" - The right of the individual to ask or demand to stir the public accusation against the crimincal, viz "public claim". 3" - The right and the duty of the individual to seize or to capture the criminals and to deliver them to the justice. 4" - The right of the individual to defend himself and the others. 2 - Regarding: the trial stage: 1" - The duty of the individual to participate in the criminal trial (according to some opinions). 2" - The duty of the individual to serve as a witness and to testify the truth. 3 - Regarding the role of the individual in the execution of the punishments
"The Role of Commanding Good and Forbidding Wrong (The Role of al-Amr bi'l -Ma'ruf wa'l-Nahyi an al-Munkar) in the Prevention of Crime in the Islamic Criminal Legislation. - A Comparative Study - By: Lawyer Dr. Muhammad Riad Al Khany,"
Journal Sharia and Law: Vol. 1992
, Article 7.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol1992/iss6/7