Evaluation of crimes committed against persons in Kyrgyzstan criminal law in terms of Islamic criminal law
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Abstract (EN)
What sets human society apart from other living beings and enables them to stand upright is the fundamental element of having a certain order within the community. Throughout history, it is evident that every recorded society has invariably had a legal order. Legal systems have always been a subject of great interest and curiosity due to their examination of individual rights. Alongside the diverse thought patterns, understandings, and inclinations of individuals within a society, it is inevitable that they prioritize their individual interests and engage in various actions. Therefore, it can be said that due to occasional disagreements among people, they have entered into various struggles, a situation that continues to this day. Throughout different periods, punitive measures have been envisaged for this circumstance. In our research on this topic, we found that the Kyrgyz society has undergone changes in its legal system over the course of history. Before the acceptance of Islam in Kyrgyzstan, the society formed a legal system based on customs and traditions. However, with the acceptance of Islam, these two systems coexisted. The Soviet Union era stands out as a period when socialist law was adopted and applied for ideological purposes. During this period, socialist legal norms were emphasized and implemented in accordance with the societal ideology. However, after gaining independence, Kyrgyzstan embraced and implemented the Continental European legal system. Throughout this process, the legal system evolved based on cultural, religious, and political factors and has reached the present day. In this study, an evaluation was conducted from the perspective of the Kyrgyz Criminal Code, which is based on Islamic Criminal Law. The content primarily provides a general overview of the concepts, sources, and elements of Islamic Criminal Law, as well as the history, sources, and content of the Kyrgyz Criminal Code. Subsequently, a detailed evaluation of Islamic Criminal Law and the Kyrgyz Criminal Code was carried out through certain crimes committed against individuals. The scope of our research was limited to "Crimes against Life," "Crimes against Bodily Integrity," "Crimes against Sexual Integrity," and "Crimes against Honor," as it is quite challenging to encompass both legal systems entirely in a single study. Keywords: Islamic Law, Islamic Criminal Law, Kyrgyzstan Criminal Law, Crimes Against Life, Crimes Against Bodily Integrity.
Author
Kudaibergen Sultanbekov
Institution
How to Cite
Kudaibergen Sultanbekov (Master Thesis). Evaluation of crimes committed against persons in Kyrgyzstan criminal law in terms of Islamic criminal law, 2023, Ankara Yıldırım Beyazıt University.
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