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Abstract

The rules of larceny in Islamic jurisprudence were critized on the ground that they were contrary to human rights norms recognized by the Western civilization. This criticism was produced by the practical application of these rules in some Islamic countries. The objection to these rules, perhaps, came as a result of 'the speedy enactment of legislation, which did not take into consideration all the rules and precepts dealt with by the different schools of thought in Islamic jurisprudence. Such practice by such States is incompatible with the legislative policy of Islam and resulted in the narrow conception and application of the rules of larceny in Islamic jurisprudence. The importance of this study lies in its attempt to analyses the rules of larceny in the light of opinions of all the jurists belonging to the four jurisprudential schools in Islam which have been accepted by the Muslim communities as the final authority in the interpretation and application of Islamic principles. These jurisprudential schools are: Al Hanafi, Al Maliki, Al Shafiai, and Al hanbali .

The study has dealt with the definition of larceny, its different elements (the thief, the victim, the object of larceny and the act of larceny), the means for proving larceny, and the conditions for ascertaining each element. It has also identified the rule relating to punishment of larceny, and the mode for applying these rules, including the factors responsible for their application. The study did not neglect the concept of guarantee and has addressed the question of whether it is possible to combine such concept with the concepts of punishment and /or excuse from punishment. The purpose of this study is to present the principles of larceny in comparative Islamic jurisprudence through a modern approach so that legislative and judicial authorities in the various Islamic States may be able to benefit from it by borrowing what they deem necessary for their religious policy. In this world that is becoming smaller and smaller and which its states share to some extent similar values and regimes with complex relations, and interest, it is essential that Islamic States adapt to this new approach. It will help them establish the rules of Islam in a manner consistent with their true meanings and objectives, and put them in a position to be sure of what they are doing in the management of their affairs.

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