A comparison between İslamic law and Turkish Criminal Law (Spesific to hadd punishment)

Criminal law is regulated by divine laws in some societies and by human laws in some others. In our thesis, Islamic criminal law of divine based and Turkish criminal law of human based are compared. Our study deals with three types of comparisons. In our study, the primary and secondary sources of both laws are compared. In our study, the concepts of crime and punishment in both laws have been analyzed and the points of agreement and disagreement have been determined. Finally, in our thesis, hadd penalties are analyzed in terms of Islamic criminal law and Turkish criminal law. The method followed in our study is as follows: In all sections of our study, firstly, the lexical and terminological meanings of the concepts are given. In the first and second chapters, definitions of the subjects and concepts are given and a comparison is made by determining their place in Islamic and Turkish criminal law. In the third part, the definitions of the concepts related to each hadd penalty are given and the evidence on which each hadd penalty is based is explained. The elements of the hadd and the penalties of the hadd are examined in the light of the views of the ıslamic sects. The equivalents of the concepts related to hadd in Turkish criminal law have been matched. By comparing the two laws, the points of consensus and disagreement have been identified and evaluations have been made. In the course of the study, classical works on Islamic law have been utilized, sometimes dissertations and articles have been referred to, and sometimes the perspective of Islamic law on the issues has been tried to be revealed by referring to the sources of today's researchers. With regard to Turkish criminal law, the relevant laws such as the Constitution, Turkish Penal Code, Civil Code and the books of criminal lawyers, theses and scientific articles on the subject have been utilized and the view of Turkish criminal law on the subject has been conveyed. Then, both laws are compared with each other. As a result of this comparison, it is concluded that the provisions of Islamic criminal law are more just, broad-minded and deterrent than the provisions of Turkish criminal law. Keywords: Islamic Criminal Law, Turkish Criminal Law, Hadd, Crime, Penalty