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The juridical provisions based on the causes of the emergence of hadiths in the criminal law

2021
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Advisor: Doç. Dr. Said Nuri Akgündüz

Abstract (EN)

In this thesis, which examines the provisions of Islamic criminal law based on the reasons for the emergence of hadiths, detailed analysis and induction methods have been used and various results have been obtained. Among them, we can mention the following: The provisions of Islamic criminal law are the work of Shari Teala's mercy to the creatures. Because it has established trust and peace with its implementation, and the confusion, destruction and deterioration in the social order when it is not applied shows this. Also, the diversity of Islamic jurists' controversies and understanding of many of the rulings is an indication of this. Efforts to understand the provisions of the criminal law in the application of heavy penalties to criminals are another aspect. It is understood from the deduction of the shar'i punishments in the Qur'an that they are instrumental provisions. That is, these provisions reveal that Islamic law is comprehensive and competent to be suitable for all times and places, and its provisions are soft and harmonious. The aim of this thesis is to declare the jurisprudence in criminal law based on the reasons for the emergence of hadiths, and to examine the crimes of murder, adultery, drinking, theft, banditry and slander in terms of their realization conditions and the application of punishments. The reasons for the disagreements on this subject may be verbal, which is directly related to the understanding of the Arabic language in various aspects. At the end of the study, it is recommended to carry out further studies by examining the reasons related to the diversity and prevalence of crimes committed in Islamic countries and other places in line with the aims and objectives of Islamic law, taking into account the types of crimes, necessity and harm.

Author

Dr. Ahmed Omar Rashıd Rashıd

How to Cite

Ahmed Omar Rashıd Rashıd (Master Thesis). The juridical provisions based on the causes of the emergence of hadiths in the criminal law, 2021, Bolu Abant Izzet Baysal University.

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