Crimes of al-hudud in Zaydi fiqh and comparision with Hanafi fiqh

Comparative studies play an important role in the proper understanding of Islamic law since it is necessary to analyze the different provisions of the sects in question. Because the current problems that emerge under the conditions of the nowadays world require the Islamic world not remaining static during changes and developments and to analyze properly the provisions put forward by sects in certain issues. For this reason, comparative analysis is the preferred method for this research. Regardingly, research was referred to the fiqh book "Tacrîd" belonging to the Hanafi sect and "Mukhtasar al-Qudûrî" belonging to Zaydiyya. Not all the chapters of the books have been examined and the work is limited to the topic of "had crimes". In this study, the researcher attempted to determine the ratio of the claim of proximity between the Zaydiyya sect which is considered to be part of the Shiite sects. In the first part of the research, the forming and the literature of Zaydiyya jurisprudence and Hanafi jurisprudence are introduced in a general framework. In the second part, detailed information about Tacrîd and Mukhtasar al-Qudûrî's works are given and their works are compared in terms of form and methods. In the third one, the common provisions regarding adultery, imorality slender (qazf), drinking (şurb), theft(sirkat), road cutting (qat-ı tariq) and liaison crimes (irtidât) are examined and compared based on the ranking of the books utilized for this research. Different provisions of both sects are are stated in the context of "had" punishments and apart from this are also examined provisions that are not included in other works. As a result, the research showed that although there is a considerable convergence of factors in the two works, there are also significant divergences.