جریمة الاتجار بالأشخاص بین الشریعة الإسلامیة والقانون الوضعي

Abstract

This study examined the nature of trading in human beings in the scale of Sharia and law through the historical evolution of this crime during the premitive, middle and modern ages. It showed that the slave trade is the historical basis of trading in human beings, and then determined its concept in the scale of Sharia and Law, through defining it and stating its main pillars. The study also dealt with the provisions of the crime of trading in human beings, and focused on how can be combated in the scale of Sharia and law. That was by projecting previous efforts of Islamic law in fighting against such crime according to the principles of legality. In addition, that was through the statement of international and national efforts to fight against this crime depending on the major lawful, international, and national articles in this field. Moreover, it also was by studying procedures and sanctions for the crime of trading in human beings in the scale of Sharia and law, as well as highlighting procedural principles in Islamic law and ways to demonstrate slavery, besides to the procedural and legal aspect relating to such crime, and then a detailed study of the legal and legislative sanctions of the crime of trading in human beings.