Master'sOpen Access

Effects of punishment on human dignity in Islamic Law

2019
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Advisor: Dr. Öğr. Üyesi Hilal Özay

Abstract (EN)

It is seen that criminals are punished to protect people in almost every society even if types of crime and punishment are different. It is essential that the punishments should not damage people's personality and tarnish their honour. There are rules which protect people in any case in Islamic Criminal Law which takes its source from divine power and also Sunnah which is making rule, explaining and confirming to preserve human values. In the first chapter of this study, It is explained firstly the term of human dignity and the terms "right, honour, dignity, chastity, izzah, takreem, taqweem, khalifa" which mean human dignity. After that, It is emphasized whether human dignity is protected or not in the Islamic and the other civilizations' criminal law and made comparison between two. In the second chapter, It is defined crime and punishment in Islamic Criminal Law and emphasized human dignity based on principles of crime and punishment in the light of Quran and Sunnah in particular and other evidences in general. After that, It is focused on human dignity in the context of the purposes of the punishments. Lastly, It is emphasized every single punishment in Islamic Criminal Law and their effects on human dignity under the title of 'Types of the Punishments' in detail. It is decided after this study, the method of punishing in Islamic Criminal Law aims to protect human dignity for both victim and criminal. It is considered necessary to be made far reaching researches about this subject because this study involves only some part of subject of punishment. Key Words: Crime, Punishment, Human, Human Dignity

Author

Dr. Fadime Aktaş

How to Cite

Fadime Aktaş (Master Thesis). Effects of punishment on human dignity in Islamic Law, 2019, Tokat Gaziosmanpaşa Üniversity.

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