The effect of Beraet-i Zimmet on the judgment in Islamic criminal law

This research is referred to as Berâet-i Zimmet in Islamic Judicial Law. Later, it was mentioned in Turkish Civil Law sources with the name of "Presence of Innocence". It is thought that the basis of the principle of "Innocence in Criminal Law" and "The Effect of Innocence on the Judiciary", which is a rarely encountered subject in Islamic Law, especially in Turkish sources, emerged as a result of the hadith "lower the limits with doubts". In our thesis, it is emphasized that in accordance with this principle, the necessity of the continuation of innocence until the evidences constituting the "evidence" determined by the law on the punishment of the accused are proven. In the trial, the principle that the oath will belong to the defendant and the proof will belong to the plaintiff has been mentioned, and examples have been given about these. It includes what Berâet-i Zimmet is, its effect on the trial, the rights of the accused's innocence, and the effects of Berâet-i Zimmet in Criminal and Obligations Law. In Islamic Criminal Law, the immunity of the accused in certain areas and the positive or negative effect of the record on the defendant in the process are discussed. In addition to these, it is aimed to make the subject more understandable by bringing concrete examples from time to time by making use of Islamic legal sources, especially Ottoman Sharia records.