Araştırma Makalesi

İslam Ceza Hukukunda İrade Suç İlişkisinin Cezaya Etkisi

The Influence of the Relationship Between "Free Will" and "Crime" on the Punishment in Islamic Eriminal Law

Öz

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 (amdan), quasi deleberate intent (shibh al amd), and by mistake and negligence (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 (qisas), the same criminal acts which were committed by quasi deliberate intent (shibh al amd ) and by mistake, on the other hand, are punished with heavy compensation (diyya al mughallaza), and compensation proper (diyya) respectively.
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 (amdan), quasi deleberate intent (shibh al amd), and by mistake and negligence (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 (qisas), the same criminal acts which were committed by quasi deliberate intent (shibh al amd ) and by mistake, on the other hand, are punished with heavy compensation (diyya al mughallaza), and compensation proper (diyya) respectively.

Detaylar

Sayı
Cilt: 3, Sayı: 1, Bahar 2003
Geliş Tarihi
07.03.2003
Kabul Tarihi
18.09.2019
Yayın Tarihi
31.05.2003
Dergi Bölümü
Araştırma Makalesi
Bilim dal(lar)ı
Temel İslam Bilimleri,
İslam Hukuku

Nasıl Atıf Yapılır

Dağcı, Şamil. “İslam Ceza Hukukunda İrade Suç İlişkisinin Cezaya Etkisi”. Marife 3/1. 31 Mayıs 2003. 71-78. https://doi.org/10.5281/zenodo.3343283.
Özet Görüntüleme: 8
PDF İndirme: 6

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