Master'sOpen Access

Tazir crimes in islamic law (shari'ah)

2007
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Advisor: Y.doç.dr. Abdullah Özcan

Abstract (EN)

Tazir crimes are the ones that cover all crimes except those that require hadd, qesas and dıya in Islamic law. Tazir crimes are established by Qur?an, Sunna and Ijma. To put it briefly, Tazir crimes are those forbidden in some way by the Legislator, but without punishment attached to them. In this study, Tazir crimes that are broad and dispersed in nature, are analyzed under six chapters taking into account five important indispensables that are protected in Islam. The first chapter is allocated to the notion of Tazir. In the introduction, Hadds out of range of Tazir are described alongside with content of the dissertation. The first chapter includes information on the concept of Tazir and its main characteristics. In the remaining five chapters, crimes directed towards life, property, offspring, religion and social peace constituting five indispensables protected by Islam are explained as well as the reasons for which those acts are considered to be crimes, together with relevant evidence. This study doesn?t comprehend all Tazir crimes, which encompass a vast array of fields. Not all of them are mentioned here; but it is indicated that what is newly emerging can be compared to established ones by way of Qeyas. As a consequence, not only Tazir crimes are about behaviours forbidden by Islam, but also they make a major component of our former criminal law. For these reasons, in our opinion, it is necessary to know them from religious and social points of view.

Author

Dr. Sami Ergin

How to Cite

Sami Ergin (Master Thesis). Tazir crimes in islamic law (shari'ah), 2007, Sakarya University.

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