İslam Ceza Hukukunda İrade Suç İlişkisinin Cezaya Etkisi

Authors : Şamil DAĞCI

Pages : 71-78

Doi:10.5281/zenodo.3343283

View : 29 | Download : 9

Publication Date : 2003-05-31

Article Type : Research Paper

Abstract :Islamic jurists eonsider `reasoning` and `will` as a basis for the defınition of the religion. This is essential that one, as an addressee of the Divine Message in general and of the Divine legal injunctious in particular, is required to have `sound mind` and `free will`. Therefore mental disability, childhood compulsion and the like lifts any possible criminal responsibility. By taking `free will` as the central element, the crimes committed against life and integrity of body are evaluated under three catagaries: intentional insert ignore into journalissuearticles values(amdan);, quasi deleberate intent insert ignore into journalissuearticles values(shibh al amd);, and by mistake and negligence insert ignore into journalissuearticles values(khatan);. The relationship between will power and subsequent result is the basic element for punishment in İslamic criminal law. The sanction for intentional homicide, intentional injury by physical assult is a kind of serious punisment in İslamic criminal law insert ignore into journalissuearticles values(qisas);, the same criminal acts which were committed by quasi deliberate intent insert ignore into journalissuearticles values(shibh al amd ); and by mistake, on the other hand, are punished with heavy compensation insert ignore into journalissuearticles values(diyya al mughallaza);, and compensation proper insert ignore into journalissuearticles values(diyya); respectively.
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