The comparison of the crime of willful murderand retaliationin Islamic crimminal lawand positive law

This study primarily involves the explanation of murder crimes and punishments in Islamic criminal law and a comparison of similar and different aspects of Turkish criminal law. Besides, precedent cases regarding how punishments are given to crimes in both legal systems. However, due to its importance, the penalty for retaliation as a punishment for wilful murder was separately discussed in detail. The thesis seeks to compare both legal systems. With the effect of the implementation of Islamic criminal law in the Ottoman Empire, which ruled for six hundred years, the crimes and punishments for murder in Islamic criminal law have always been a matter of curiosity. As can be seen in the study, both legal systems have many common aspects as well as different aspects. However, in both systems, the intent of the perpetrator is important in determining the penalty. This study took as a basis the opinions of imams of four sects and revealed differences, if any.