Execution of punishments in the Ottoman Law
2019
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Danışman: Prof. Dr. Ahmet Mumcu
Özet (EN)
The Ottoman Empire combined Islamic law with its own traditions. Thus, the shar'i and conventional law has created a system in which they were applied together. Different sanctions were applied to the types of crimes occurring in the society according to the rules of Shar'i and customary law. In Ottoman law, punishments are imposed for had and kısas crimes, which are realized in terms of elements and conditions of proof. Ta'zir crimes and penalties other than Had and kısas crimes are determined by the laws. In the same way, the punishments to be applied to them are determined by the code of laws when the elements of had and retribution crimes are not formed. Thus, the legal element of the crimes were created and the arbitrariness was eliminated while the Ta'zir punishments were applied. However, arbitrariness in the execution of punishments could not be eliminated. Because in ta'zir, the execution would be carried out by order of the head of State. In our study, it is possible to see the basic concepts of Ottoman criminal law and the diversity of the execution of punishments. Keywords: Sharia law, Conventional law, Crime, Penalty, Execution
Yazar
Dr. Ezgi Turan
Bu Yayına Nasıl Atıf Yapılır
Ezgi Turan (Master Thesis). Execution of punishments in the Ottoman Law, 2019, Baskent University.
Anahtar Kelimeler
Lisans
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