The objectives of Islamic criminal law: The case study of apostasy punishment
2024
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Advisor: Dr. Öğr. Üyesi Tuba Hacer Korkmaz
Abstract (EN)
This study examines the Sharia objectives of punishment in Islamic law, focusing on the killing of the apostate as an example. The study aims to highlight the Sharia objectives of Islamic punishments, shed light on the philosophy of punishment in Islam, and clarify the importance and status of the Hudud (Islamic prescribed punishments) in achieving the interests of people in this world and the hereafter. The study's problem revolves around presenting a concept of Sharia objectives and explaining their types with various considerations, clarifying the Sharia objectives of the Hudud and the apostasy penalty in particular, and responding to doubts related to this punishment in Islamic law. The problem includes questions about: the philosophy of punishment in Islam and Islam's view of the criminal and the crime, clarifying some of the doubts raised about the punishment of the apostate specifically, and the Hudud in general, with an explanation of the sayings of the jurists on the punishment of apostasy, the killing of the apostate, and some of the secondary issues related to it, such as the ruling on the repentance of the apostate and the ruling on the killing of the apostate woman. The study relied on the inductive and analytical method, as information was collected from jurisprudential and fundamentalist sources, then analyzed and derived Sharia objectives from them. The study used the method of analyzing legal and jurisprudential texts related to crimes and Hudud, then comparing and analyzing the opinions of the jurists to achieve the research objectives. The doubts were responded to through the Sharia and rational evidence that was mentioned in the writings of jurists, scholars, and their books. The study concluded that the Sharia objectives of the apostasy penalty include protecting religion and society, preventing sedition, and achieving stability. The study also affirmed that the application of the Hudud in Islam is in line with the Sharia objectives of achieving justice, the public interest, and social security, and then explaining the wisdom and purpose of the punishment of killing the apostate and the benefits of applying it.
Author
Mohamed Ebubekiroğlu
Institution
How to Cite
Mohamed Ebubekiroğlu (Master Thesis). The objectives of Islamic criminal law: The case study of apostasy punishment, 2024, Fatih Sultan Mehmet Foundation University .
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