The means of proof in criminal trial accoirding the Quran and the sunnah

This study, which concentrates on the means of proof in the criminal trial in the context of the Quran and the sunnah consists of three sections with an introduction. In the introduction part, the motives that prompted the writing of this thesis and technical parts such as the purpose, limits, method and literature of the thesis were emphasized. The main objective and principles of the criminal law, the evidences used in criminal trial and the basic and ethical principles that the judge should obey when evaluating these evidences constitute the content of the thesis as important cornerstones of the criminal law. In the first chapter, after discussing the importance and legitimacy of the criminal trial in terms of nass the purpose of the penalty is examined. The purpose of the punishment is examined under three topics; Following the brief presentation of the theories of the western-based legal schools about the purpose of punishment and the purpose of punishment in the Islamic doctrine, by making word analysis in the Qur'an nass it has been attempted to touched upon the targets that are desired to be reached by punishment. The proof, and the means of proof, which constitute the second part, have been aimed to be presented together with the approaches and evidences in the Islamic doctrine in concurrence with its criticisms. When a wisdom is reached by the method of verses explaining each other, these chapters are covered under the titles "witnessing of women in the nass, the witnessing of the non-Muslim in the Quran, the division of the presumption in the light of the verses of the Qur'an, and being an amicus curiare (court expert). In the third chapter, the concepts of balance, justice and fairness that the judge should consider as a basis during the evaluation of evidence are emphasized, and the connection between the judge's position and judge's trial in the light of ethical principles is included. Some faulty practices and injustices seen in criminal law systems drive us to produce such thesis, and we set out with the intention of contributing to universal justice and peace. In this study, in which sometimes the western-based laws, sometimes the classical Islamic legal doctrine and the views of contemporary scholars are critically discussed, and in the light of Quran and the Sunnah, suggestions have been produced on the purpose of punishment, the martyrdom of women and non-Muslims, the place of presumption, the proof system in the Islamic criminal procedure, the judge's discretionary power and the principles to be followed in the evaluation of evidence. It's stated that as one of the means of proof, the judge's personal knowledge has no legitimacy; and, written evidence, which does not occupy an important place in the criminal law, has become definite thanks to scientific developments; therefore, it must be considered as one of discretionary evidence. Any novel approach on the issues of confession and oath was not touched upon except some general information. Key words: Purpose of punishment, principles of criminal law, proof, testimony of women and non-Muslims, the presumption, expert, balance, justice, fairness, equity (rightness), ethical principles.