التسليم المراقب )دراسة مقارنة بين الفقه الإسلامي والقانون الوضعي(

Abstract

This research tackles one of the contemporary issues in criminals’ detection, which is controlled delivery and its role in combating crime, since controlled delivery is a tool of international cooperation to counter crime in all its forms and patterns. It is what the noble Sharia urged and commanded, in terms of a necessity of uniting good endeavors to purify society against the blights of crime and its repercussions. The research consists of an introduction, three sections, and a conclusion. As for the introduction; it included a statement of research problem, its significance, the research methodology, the study questions, and its techniques. The first topic aims to explain the concept of controlled delivery and its legitimacy, the second topic: types of controlled delivery and its procedures, and the third topic: the crimes covered by controlled delivery, the challenges it faces, and its most prominent applications. With regard to the conclusion: it considers the most important findings, including: that the objective of controlled delivery in Islamic jurisprudence is to preserve the five necessities that are the purposes of the orthodox Sharia through a legislation of rulings, so cooperation is required to accomplish this goal, and that controlled delivery is compatible with the provisions of Islamic Sharia, as Islam defines it in terms of its application not directly regarding its terminology. The Messenger, the noble Companions, and jurists enforced it, and through it, counter narcotics units will be able to seize the leaders of criminal organizations or gangs, which engage in illegal trade in narcotics and psychotropic substances, who usually work stealthily. Moreover, controlled delivery is an exceptional method that cannot be approved unless only expected to achieve a clear and certain benefit, represented in detecting and controlling smuggling and trafficking groups, organizers, financiers, leaders and planners.