현대 아랍의 형법과 샤리아 절도 규범의 반영 및 적용

Abstract

Discussing regulations on theft in the criminal law of seven Arab countries(Kuwait, Bahrain, Qatar, United Arab Emirates, Morocco, Libya, Sudan), this paper endeavors to find out how shari‘ah rules on theft are reflected in the criminal law. In so doing, it translated the regulations on theft in seven Arab countries, analyzed the elements of Shari‘ah in them, and found out the followings. First, except in the Sudanese criminal law, there is no mention about Nisab(minimum quantity of theft necessitating the amputation Hadd Penalty). Second, as for the Hirz(the custody of property), many specified situations are mentioned like house, apartment, worship area, port, airport, highway, market, ship, violence, a false key, night, and so on. Third, except for the amputation in the Sudanese law and the death penalty in Libya’s law, other Arab countries punish to imprisonment for a limited term, imprisonment for life, or monetary penalty. So this study result showed that six Arab countries adopted the Mixed System without Sudan.