Sedd-i zerâi and legal consequences in Islamic criminal law

The religion of Islam stated that everyone's rights should be protected without any discrimination in terms of religion, language and race, and gave great importance to human rights. Not only did he bring solutions to the events that took place, but he also tried to find a solution for the events that may occur. Islam has tried to prevent the possible negative consequences that may occur as a result of the act with a set of principles or principles such as sedd-i zerâi. If the result is likely to be positive, he supported it with the principle or principle of conquest. In this study, the importance and position of the main principle or principle in the Islamic Criminal Law and what kind of legal consequences arise when the judgment is given accordingly has been emphasized. Sedd-i zerâi was accepted as evidence by Malikî and Hanbalî sects and used in applications. Although the Hanafi sect does not accept the sedd-i zerâi in theory, it has used it under the concept of istsan in practices. Although the Shafii sect accepts the sedd-i zerâi as a weak evidence, they also used the sedd-i zerâi in some applications. The Zâhirî madhhab, on the other hand, rejects the sedd-i zerâi. This study consists of introduction and three parts. In the introduction part, it is tried to give information about the position of the sedd-i zerâi with other evidences in Islamic Law. In the first chapter, the concept of sedd-i zerâi is emphasized and information is given about its parts. Afterwards, the evidences on which the sedd-i zerâi were based were mentioned, and the issue of which sects were accepted and rejected by which sects were emphasized. In the second chapter, the concept of crime and punishment, their principles, hadith, retaliation-diet, ta'zir crimes and the position and legal consequences of sedd-i zerâi are discussed. In the third part, the position of the sedd-i zerâi in the purposes of the penalties and its role in the aggravation, reduction and postponement of the penalties are emphasized.