The concept of muhsan in Islamic criminal law

Although the concept of Muhsan has been noted in different uses in terms of meaning and expression in the Qur'an, it has been added to the literature within the framework of definitions and rulings agreed upon by Islamic scholars from the past to the present. The occurrence of different conditions caused scholars to offer different opinions. The primary text of Islam (the Qur'an and the Sunnah) dealt with the crimes of chastity, dignity, and honor (Adultery and Qazf) and any actions and rulings related to the honor of a virtuous man or woman. In addition, the existence of narrations about some events that took place in the time of the Prophet (s.a.w) has been an essential element that necessitates an in-depth examination of this concept. In this study, after focusing on the naming of the concept of muhsan, the conditions, and provisions that have been put forward based on the opinions of scholars from the period of the Companions, especially the related verses and hadiths, are examined, and the issues of adultery and qazf are discussed in connection with the concept of muhsan. In the first part of our thesis, the meanings of terms in the dictionary, their various uses, and words and concepts with similar meanings were brought up. An attempt has been made to identify the likely meaning of this word, which is interpreted in several ways, along with the results of the differences in here and related discussions. Thus, it has been clarified in which context and conditions the concept of muhsan is used. Then, in light of these data, the opinions and rulings of jurisprudence scholars are presented. In this section, the verses and hadiths related to the concept of Muhsin have also been examined, and the importance of the subject in terms of religion and law is clarified. In this regard, the emphasis on the concept of "chastity" is also included as a title in our study. In the second part, the place of this concept in Islamic criminal law is examined as a factor taken into account when sentencing certain crimes; within the framework of the practice of stoning in the Islamic legal system. It has been observed that the notion of muhsan is taken into account within the framework of the application of stoning in the Islamic legal system. The topics of discussion arising from this in the study are the conditions of the muhsan, and the protection of the muhsan. Similarly, this latter was examined in the offense of slander. In order to give more information about the concept of muhsan, the dhimmi and the mustemen are also briefly evaluated, and the crimes against muhsan in Islamic law are discussed in terms of being dhimmi and muste'men.