Evaluation of ta'zir-like penalties in contemporary Turkish criminal law from the perspective of Islamic law

This study aims to examine the concept of ta'zîr punishments, which hold a significant place in Islamic criminal law, in the context of contemporary Turkish criminal law. Ta'zîr punishments refer to sanctions that fall outside the fixed penalties (hudud), retributive justice (qisas), and compensatory payments (diyya), and are instead left to the discretion of the judge. The thesis first explores the concept of ta'zîr within the fundamental framework of Islamic criminal law, including distinctions among punishment types, historical development, and the diverse interpretations of different Islamic legal schools. Following this, analogous practices in modern Turkish criminal law are analyzed, with particular attention to the judge's discretionary power in sentencing and how it parallels or diverges from the ta'zîr system. Using both normative and comparative methods, the study discusses the legitimacy, function, and limitations of ta'zîr-like practices within a modern legal framework. It concludes that while Islamic law grants judges a broad discretionary power through ta'zîr, contemporary legal systems impose constitutional and statutory limitations on such discretion. Ultimately, the study aims to build a conceptual bridge between Islamic jurisprudence and contemporary legal practices in terms of criminal justice.