The defendant in Islâmic Criminal procedure Law

In this thesis, it is aimed to reach more general and inclusive determinations based on the general information and data in the fiqh (islamic law) doctrine in terms of judgement law about a person who has the rights and powers in the prosecution and judgement process initiated with an accusation or a sufficient, reasonable and strong suspicion about the persons and who keep the judgement going with their demands and who stands trial as a defendant under suspicion until the finalization of the judgment according to Islamic criminal procedure, and to set forth judicatory provisions of the defendant. The thesis consists of two main parts. In the first part, the basic principles regarding Islamic criminal law and criminal procedure are explained in detail. In the second part, firstly, the definition of the defendant and the other persons/concepts related to the defendant because of participating in the judgement in the court in the field of research, Islamic law and criminal procedure law which is a sub-branch of it are discussed and from this point of view general information and juridical provisions from the respected works of classical and contemporary Islamic law with regards to demonstration of the crime due to criminal suspicion, presumptions, in dubio pro reo which is a general principle, the kinds of suspicion in the same context in the stage of proceeding, finally decisions and provisions about the transactions in the stages of the arrestment, detention period, interrogation and prison sentence which are given by the court as a measure were tried to be determined. When the thesis study is evaluated from this perspective, classical fiqh sources in the early period and fiqh books which are respected by four sects were referred as far as possible, and the opinions of the lawyers of the contemporary fiqh schools regarding the provisions of the defendant were tried to be explained objectively and in detail . In this context, this study is considered to be a unique study regarding the defendant and its provisions in Islamic criminal procedure law. Keywords: Defendant, Punishment, Indictment, Criminal Procedure, Case, Jurisdiction.