Journal of college of Law for Legal and Political Sciences

Abstract

We studied in our research ( The Crime Of Theft In The History Of Iraqi Law " comparative Analytical study in the laws of Mesopotamia and Islamic law ) three researches , the first research studied the rules of theft crime in " Mesopotamia as the crime of theft is considered from the most important crime that the old and recent laws cared with it's arrangement that it forms invasion on fund of people which are forbidden for others who are not the owners .
Iraq had subjected for different law rules for many era as in it the oldest civilizations were formed which consisted of the best laws , as " Hammurabi Law " proved the wonderful advance than Law of Romanian Twelve tables which it came after nearly twelve century .
The Laws in ancient Iraq had organized legal basics rule the crime if theft and many punishments were put for it , some of them have civilian shape represents in compensation , and the punishments differed between execution and lower of It .
In the second research we studied the rules of theft crime in Islamic Law as Iraq had released from Persian controlling , then Iraq was subjected for the rules of Islamic Law , this respected Law cared with justice in all it's rules , as it put the punishment of " cutting hand " The Theft in Islamic Law depends , on five elements Taken with hidden .
1- The Place is money .
2- The Place of theft is fund that owned not for the Robber.
3- The Theft needs that the robber must not the trustee on the fund of the crime .
4- The robber must have the intend of owing the theft money

In The Third research , we studied the punishment of the theft in the Islamic law in the case of offering all these element , the punishment of cutting the hand from the wrist is done .
It is cleared to us " the Quran " capability " In theft punishment and the defect of Human law through the cutting the hand of theft as it prevents and finish the case of crime , as the cutting of robber hand forbids and prevents it's using again , and the cutting of the hand of the robber will cause to the less wealth then the less ability of expenditure that cause to the little benefit and much work and fear of future .
Islamic Law acted to protect the society from the theft by distributing the wealth in justice , and considered the Government is the responsible of the living of each person in the society with different ethnics and Religions and believes .
The Human laws failed in fighting crime as the prison doesn't create in the robber the psychological factors that prohibits him to do his crime .