دعوى القذف دراسة مقارنة بين الفقه الاسلامي والقانون الوضعي

This study aims to illustrate the great jurisprudence heritage which left to us our scholars (Allah have mercy on them ) in the lawsuits and the evidences through defamation lawsuit. The researcher focuses on the point dispute pertaining defamation to explain what is agreed on and what is disagreed on. Then he states the legislation positivism in comparison with views of scholars(Allah have mercy on them( Defamation is stoning adultery , denial rates, sodomy which to be proved by witnesses and confession. the right to sue a suit of defamation is for defamed person alone. The right is transferred after his death to his heirs. The Islamic law scholars define superficial defenses as defenses of invalidity , the objective defense as opponent defenses. no one has the right to forgive the offender in defamation lawsuit because the legitimate boundaries are the right of Allah which doesn’t accept amnesty or dropping or discharge, That was the prominent result of the study.