Money penalty and Ottoman practice in Islamic criminal law
2023
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Danışman: Prof. Dr. Ferhat Koca
Özet (EN)
Various punishments are prescribed for the guilty in Islamic criminal law. However some of these punishments are determined by Allah, apart from these, many punishment sand their implementations are not stated in the Qur'an and Sunnah. Main reasons for this situation are the changes in duties and concepts as the time went by and the conscious gaps left by Almight Allah regarding crimes and punishments. These conscious gaps left by Almighty Allah are filled within the framelaw of various laws and regulations determined by the heads of state or judges in the history of Islamic jurisprudence. In Islamic criminal law, the concept of "ta'zir" is used for crimes and punishments determined by the head of state. In your study, we tried to focus on the fines that are considered among the ta'zir penalties. Imposing fines in the classical period and in the Ottoman period varies differences. Although some fiqh scholars accept that fines are the source of legitimacy in Islamic law, the Qur'an and the Sunnah; Abu Hanifa, Muhammad b. Hasan ash-Shaybani and most Hanafi fiqh scholars did not accept the fines as legitimate. In addition, some Hanafi scholars such as Abu Yusuf, various Maliki and Hanbali scholars have argued that financial penalties and, by the meanwhile, fines can be applied in Islamic law. Fines had great importance in imposing punishments in Ottoman Empire and were considered as a criminal sanction for many crimes. In the study you have, examples of this have been examined and evaluated through the laws. Key Terms: Fine, Crime, Ta'zîr bi'l mal, Garamet
Yazar
Aydanur Gümüş
Bu Yayına Nasıl Atıf Yapılır
Aydanur Gümüş (Master Thesis). Money penalty and Ottoman practice in Islamic criminal law, 2023, Hitit University.
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Lisans
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