The crime of bribery in Islamic and Turkish law

In Islamic law, the crime of bribery is considered within the scope of crimes that require the punishment of ta'zir. In order to clearly evaluate the concept of bribery, it is necessary to observe the differences in the meaning of the term over time. In the early period, the concept of bribery was perceived as an absolute benefit to be obtained. In later periods, the scope of this concept narrowed and it was defined as a crime in the law. Bribery, which is categorized as a crime, has now left the definition of the absolute benefit obtained in the broadest sense to the unfairly obtained gain. Following the categorization of the concept of bribery as a crime, the elements of the crime, which are naturally divided into four as legal, material, moral and unlawfulness elements, are examined. The manifestation of an act defined as a crime in the outside world is discussed in the sections on the special forms of appearance of the crime. In this study, we comparatively examined the special forms of the crime, which are classified as attempt, participation and aggregation. In order for an act to be considered a crime, it must contain an absolute order to be done or not to be done and must be supported by a sanction. In order to talk about a sanction in terms of source, a legislator must be identified. The sources from which the provisions issued by the legislator in question are derived lead us to the basis of the provision. In this study, we have analyzed the legal basis of the crime of bribery in the context of comparative law -Islamic law and Turkish law