Master'sOpen Access

Comparative analysis of presumptions of guilt and related innovations in terms of Islamic law and humanitarian law

2023
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Advisor: Prof. Dr. Erdal Yerdelen

Abstract (EN)

The truth is the stray of justice, which we reach by research and inference, and Islamic Sharia, through its jurisprudential rulings, has approved means deduced from the Emirates and indications of disputed incidents, known as the presumptions that indicate a thing without using it, that is, it is evidence based on deducing an unknown matter from a known. The presumption of jurisp Rudence means the principality that guides us to the unknown matter by deduction and deduction from the accompanying principalities and comparison of that hidden matter. From here, it can be said that it is possible to rely on contemporary means such as genetic fingerprinting, DNA analysis, laboratory analyzes of traces of blood or hair at the crime scene, or the use of audio or photographic recording, and even police dogs can be used in the detection of crimes because they are one of the accompanying clues or evidence of crime. The offense...because the evidence, in its entirety, ancient and contemporary, does not differ in terms of purpose and meaning from the original means of proof by which God arrives at the facts and the administration of justice. Neglecting these evidences that are free of conflict is a waste of rights and a waste of them. All of this has been confirmed by the decisions of the Islamic Fiqh Council

Author

Gaılan Adnan Tawfeeq Alsabbagh

How to Cite

Gaılan Adnan Tawfeeq Alsabbagh (Master Thesis). Comparative analysis of presumptions of guilt and related innovations in terms of Islamic law and humanitarian law, 2023, Ankara Social Science University.

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