Year:2022   Volume: 4   Issue: 4   Area: Religious sciences

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Ammar Hamad HURAISH, Senaa ALI

THE CRIME OF HUMAN TRAFFICKING IN LIGHT OF THE PROVISIONS OF ISLAMIC SHARIA AND INTERNATIONAL CONVENTIONS - A COMPARATIVE STUDY

Praise be to God, Lord of the Worlds, and prayers and peace be upon the most honorable of the prophets and messengers, our master Muhammad and all his family and companions, and after: The crime of human trafficking in light of the provisions of Islamic Sharia and international conventions (a comparative study) given the seriousness of this heinous crime. As it is one of the serious and heinous crimes that have been forbidden by the heavenly religions and combated by international conventions, and texts and rules have been laid down for them that prohibit them and punish those who violate them. The evil one, which enjoys satanic inflections, has made this human element a commodity that is sold and bought to satisfy their sick souls and their sick satanic instincts in a terrible trade in which they are anxious to bring money. Undoubtedly, the relationship has become a direct relationship between a victim who falls into the clutches of a beneficiary, and this beneficiary wants to exploit it to the fullest extent. Without pity or mercy. The real challenge to these groups has begun in all parts of the world in its various categories, through the development of international agreements to ban, prevent and protect the world from these crimes, and issues that do not prevent these crimes, and the countries - for their part - have issued laws criminalizing human trafficking, and crimes are affected - usually - natural, geographical and economic factors. In this study, I dealt with the crime of human trafficking between Islamic Sharia and international conventions, and the crime of human trafficking is one of the crimes that haunt the contemporary world. Because of its violation of human rights, and Islamic law did not neglect to explain the provisions of this emerging and contemporary crime, as it proved beyond any doubt that Islamic Sharia is valid for every time and place, so it prohibited it in its many forms; Proceeding from the principle of God Almighty’s honoring of human beings, and ways of treatment have been developed for them through two aspects: preventive, through the establishment of educational procedures that distance the crime from society, and that committing it is a disobedience to God Almighty’s command, and my punishment through the penalties I set to combat this crime, which may reach in some Images to the penalty of limitation, or reprimand. The crimes of human trafficking are also considered one of the most dangerous criminal phenomena on humanity because of the affront to human dignity and its transformation into a cheap commodity, in addition to the wide spread of this crime and its link to organized crime and gangs. And through this study, we tried to identify the conceptual framework of the crime of human trafficking, in terms of its definition and statement of its forms, as well as the legal structure of this crime, based on what was stated in international conventions.‎

Keywords: The Crime of Human Trafficking, Islamic Law, Organized Crime, International Conventions

http: //dx.doi.org/10.47832/2757-5403.15.1


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