Torture in Islamic judgment procedure

First of all, this study aims to make a conceptual inspection on the question of whether the concept of modern torture, which is limited to certain qualities in terms of perpetrator, victim and action, is a concept/scheme that exists in the classical fiqh (Islamic law) literature. Afterwards, the approaches in Islamic legal doctrine in terms of application of acts such as imprisonment, bashing, intimidating, threatening, etc. in order to force the suspect or the defendant to confess during the judgment process is presented as objectively as possible. In this context, the negative approach which absolutely objects torture with the idea that it would render the confession legally invalid and the positive approach which creates a limited field of freedom based on the concepts of maslaha and Siyasah Al-Syar'iyyah are discussed in detail. As a result, whether to focus on "interest of the society or interest of the defendant" has been a definitive factor for approaches against torture. With the thought that it would make doctrine opinions more understandable, another issue included in this in this study is examples of torture from the period of Prophet Mohammad until the modern age as well as approaches to these incidents. This research also discusses the problems of handling the issue of torture as well as the use and interpretation of the classical doctrine in studies conducted by postmodern Muslim researchers.