Moral element of crime in Islamic criminal law

The moral element in crime refers to the mental and psychological connection between the criminal act and the perpetrator. This element constitutes one of the general elements sought in the formation of a crime and is fundamental in establishing the perpetrator's criminal liability. The moral element of a crime manifests in various forms depending on the perpetrator's internal structure. This situation also leads to the emergence of different types of crimes and is considered in grading the perpetrator's criminal liability for these crimes. As in other criminal law systems, in Islamic criminal law, determining the existence of the moral element in the crime is of great importance in the formation of the crime and in determining criminal liability. Therefore, in this thesis, under the title of 'The Moral Element in Crime in Islamic Criminal Law,' the nature of the moral element in crime is explained and its boundaries are defined. In order to provide a comparison opportunity on this subject, Turkish, German and British criminal law systems have been mentioned occasionally. This thesis consists of a preface, an introduction, and two main sections. In the preface, the topic and significance of the thesis are explained; in the introduction, the purpose, scope, and methodology followed in the thesis are described. In the first chapter, general information about crime and punishment is provided. Under the title 'Crime and Punishment Concepts,' the concept of crime and elements of crime other than the moral element, as well as the concept of punishment and its types, are discussed. In the second chapter, under the title 'The Nature and Scope of the Moral Element in Crime in Islamic Criminal Law,' the concept of the moral element in crime, its nature, and the elements that constitute it are discussed. An evaluation was made at the end of each chapter regarding the subject covered in the chapters. In conclusion, a general evaluation of the specified chapters has been made, and the results obtained are presented.