الجريمة المنظمة بين الفقه الإسلامي و التشريعات العربية المعاصرة

القحطاني, مسفر بن حسن (2009)

Article

Juristic Approach of Islam and Contemporary Arab Legislations Towards Organized Crimes By: Dr. Misfar Al-Qahtani The present research represents a scholastic endeavor to highlight the respective approaches of Islamic jurisprudence and contemporary Arab legislations towards a problem of current importance –––– organized crime. The research, as a whole, is divided into four broad segments –––– Introduction, Section One, Section Two and Conclusion. Introduction spells out important issues ––––– research problem; research objectives; research methodology; and research synopsis. Section One sheds light on the brief historical evolution of organized crime. Included in the discourse is illumination on the concept and the characteristics of organized crimes. Section Two expounds the concept of organized crime from two perspectives ––– juristic approach of Islam and the distinctive stance of contemporary Arab legislations. Included in the presentation is penetrating discussion of Islamic approach towards combating organized crime. The research demonstrates that Islamic approach is, in a sense, a pre-emptive approach. It prepares an individual, through religious upbringing, to abstain from vicious course of life which leads eventually, to all intents and purposes, to join the network of organized crime. Islam teaches virtuous life style –––– self-purification; self-rectification; excellence of moral conduct; inculcation of right faith; disdain against indulging corruptive practices; imperceptible apprehension of Divine Chastisement for committing offences. In addition, Islam enjoins upon individuals and groups to join cooperative ventures to ensure crime prevention. Last but certainly not the least, Islam provides prohibition to any activity that leads to disruption or corruption in the community. The present research, in its conclusion, incorporates salient findings and constructive recommendations. Among the latter, the following are noteworthy: 1. There is dire need to undertake future research studies in the broad area of combating all patterns of organized crime. Pertinent Islamic perspectives should be stressed. 2. Islamic approach should be utilized, at its maximum, to fill legal gaps in order to articulate tangible policies on countering organized crime