جريمة الاغتصاب بين الفقه الإسلامي والقانون السوري

Islamic law is characterized by its comprehensiveness and flexibility for all times and places, and contains controls and rules that make it one of the most important pillars of security that maintains the stability of society. From this point of view, due to what is happening in Syria and the unprecedented proliferation of the crime of rape and the fact that adultery is no longer considered a crime, we had to investigate the source of the crime, the judgment of the perpetrator and the rights of the victim in both Islamic law and Syrian state law. In this research, we discussed the crime of rape, which is considered a crime in both Islamic law and Syrian law, which was amended in 2011 by Decree Law No. 1. We aimed to explain the differences between the Islamic jurisprudence's view of the crime and the Syrian law's view of the crime. The research introduced the concept of the crime of rape in Islamic law and compared it with the crime of adultery, and clarified the elements of the crime of rape, its conditions and evidence, and the punishment to be given to the rapist, and clarified the punishment of the rapist, after the differences in jurisprudential opinion, especially the nature of the crime and the extent to which it is linked to the penalization of adultery or muharabah, Because the old jurists discussed the elements of the crime within the provisions of the crime of adultery, because in this crime the rapist is considered to have committed adultery, and explained the issues of knowing the provision on attempted crime, the reasons for reducing. The punishment of the perpetrator and clarifying the rights of the victim. The research also clarified the concept of the crime of rape in Syrian law and differentiated it from the crime of intentional injury, addressed the elements of the crime, the conditions of the perpetrator and the victim, the conditions of sexual intercourse, and looked at the evidence that proves the crime in the law. And it was determined that Syrian law does not provide for specific methods of proof, but instead accepts any method that the judge can be convinced by. The punishment of the rapist and knowing the rule of the incomplete punishment or what is known in legal terms as the "punishment for attempting to commit the crime of rape" and finally the reasons for reducing the punishment of the perpetrator in Syria. At the end of each topic, we concluded by mentioning the differences between Islamic law and Syrian law with regard to the crime of rape. The seriousness of this crime and its bad and negative effects on the victim in the society, and the society's secrecy and lack of public discussion of such issues, as well as the lack of law libraries on such issues, are among the reasons that led us to conduct this research. We ask Allah to make us successful and guide us to the right path with His permission.