Master'sOpen Access

Kazf crime in Islamic-Ottoman criminal law and the comparison of this crime with the crime of insult in the Turkish Criminal Law

2021
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Advisor: Dr. Öğr. Üyesi Yılmaz Yurtseven

Abstract (EN)

The aim of this master's study is to examine the crime of qazf, which is an attack on the chastity and dignity of the person whom Islamic law focuses on, and to enable this crime to be compared with the defamation crime regulated in the Turkish criminal law. Kazf crime, which has a history dating back to legal texts four thousand years ago, has been dealt with within the scope of Islamic and Ottoman criminal law. In the first part of this three-part study, the general principles of the Islamic criminal law, which also form the basis of the Ottoman criminal law, are included in order to explain the Kazf crime clearly and without detaching it from its context. In the second part, the Kazf crime has been examined in detail in accordance with the modern criminal law systematic, and the study has been enriched with examples from the ottoman sher'iyye registers in the relevant sections. The study has been enriched with examples of the Kazf crime taken from the Ottoman Shari'iyye registers in the relevant chapters in order not to keep the narratives about the Kazf crime remaining in the theoretical and to revive how the practice is. In the third and last chapter, the crime of defamation is discussed in detail, taking into account the systematic follow-up in the second chapter. However, since it would go beyond the purpose and scope of the study, the discussions in the doctrine related to the offense of defamation were only addressed or not entered at all. And the comparison of Kazf crime and insult crime is given under the headings where explanations about the offense of insult are made. In this section, in order to avoid repetition, the similar and different points in the two types of crime described in detail in their own chapters are briefly addressed.

Author

Dr. Latife Göksoy

How to Cite

Latife Göksoy (Master Thesis). Kazf crime in Islamic-Ottoman criminal law and the comparison of this crime with the crime of insult in the Turkish Criminal Law, 2021, Akdeniz University.

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