Research Information System
Thesis Type: Postgraduate
Institution Of The Thesis: Bursa Uludağ University, SOSYAL BİLİMLER ENSTİTÜSÜ, Turkey
Approval Date: 2020
Thesis Language: Turkish
Student: Sabahaddin Işık
Supervisor: HALİL İBRAHİM ACAR
Abstract:One of the different aspects of the Hanafi sect than the other sects is that the influence of the imams of the mujtahid in the sect is stronger. As a matter of fact, even though this denomination is attributed to Abu Hanifa Numan bin Sabit, it is not a denomination established only by him and his views are indisputable. It is seen in this sect, which was established with the contributions of the scholars who are both friends and students of Abu Hanifa, and that the views of the mujtahids and the founding imams are dominant and can be preferred. Islamic Criminal Law, due to its direct effect on the order of social life, consists of provisions that have been widely discussed and debated by the scholars. Because this science aims to provide the order of justice and thus the peace of the whole society. As a matter of fact, Islamic Criminal Law, for centuries, among individuals living in Muslim countries, has provided the fundamental rights to be manifested, aimed to prevent individuals from harming the society with the feature of deterrence, tried to alleviate the suffering of victims or families of victims and to establish a safe environment for the society. Islamic Criminal Law, as in other issues of fiqh, is a science in which opinions on some of the issues of the jurists occur. The differences of opinion in Islamic Law have created the science of 'Hilaf', which is used to compile different opinions and to determine with evidence, and it has become a science in which detached works are copyrighted. As a result of these efforts to improve jurisprudence, it has been observed that the mentioned conflicts are basically based on a number of reasons such as different interpretations in different ways, different criteria of evaluation in hadiths, different approaches in logical inferences. Islamic Criminal Law, by its very nature, has been one of the subjects that concern the science of crescent most. In this thesis, we tried to explain the differences between the opinions of Hanafi Fakih's Islamic Penal Law and apply it and determine the reasons. We tried. Accordingly, we have benefited from the famous and detailed works of the classical Hanafi jurisprudence and caliphate works and tried to explain the differences of opinion in criminal law as clearly as possible.