Hadd punishments in Islamic criminal law (the example of al- Sarakhsī)


Thesis Type: Postgraduate

Institution Of The Thesis: Bursa Uludağ University, SOSYAL BİLİMLER ENSTİTÜSÜ, Turkey

Approval Date: 2019

Thesis Language: Turkish

Student: Recep Çevik

Supervisor: HALİL İBRAHİM ACAR

Abstract:

Every society that seeks to maintain its own order needs to impose penalties imposed by a legislator. In the human systems the lawmaker is the mind but it is Shâri in the system that is suggested by Islam. However, while Islam is not passivize the mind, it allows the mind to maneuver within the boundaries it draws. In this way, Islamic jurists have taken solutions to the current issues by taking the essence of the nasses into consideration and tried to keep the divine activity alive for a long time. This attitude also eliminates the complexity of authority in the determination of punishments against crimes committed. In the Islamic Criminal Law, it is suggested ḥadd, taʿdhir and qıṣaṣ punishments against the acts called the crimes. These punishments differed their scopes and evaluations, are based on the principles for removal of the victims’ victimization and improvement of the convict. In this context, the main theme of our study is the related sections of al- Mabsuṭ, which is one of the first and most typical applications of Ḥanafi rat onal sm accord ng to S h ams al-Aʾimma al-Sarak h si (d. 483/1090) like the other issues in criminal law according to Islam. The statements mentioaned at this book have to be considered about the criminal law.