أثر الحصــانة على تنفــيذ الأحكام : دراسة مقارنة

Abstract

The study aims to explain the legitimate and legal image of immunity in terms of its concept, origin, types, scope and provisions. Meanwhile, the study aims to rooting the noble values that Islam has distinguished in this aspect. The study tackled a problem that focused on several questions, top of which: What is the impact of immunity on executing judgments? What is the correlation between the concept of current immunity and protection which decided by Islam? The study used the analytical, inductive and comparative methods where a number of results were concluded, the most important of which: that there is no impact of the immunity on executing provisions in Islamic Sharia law, where it has not decided any immunity for any of the criminal accountability other than the positive law, it turned out that , there is an impact of immunity in implementing the penalties that negate the freedom of the judges, in addition to some of its types ; such as the executive immunity of the Diplomatic envoy , in addition to executing the penalties that depriving freedom on judges, in addition to granting some legislations an absolute immunity for the ruler. The study recommended several recommendations top of which : to define immunity in the narrowest possible range for all persons who enjoy it , so that it does not lose its value and does not contradict with the norm of justice , as well as, that in the Vienna Convention should be stipulated on the agreement texts to be subjected for amendment.