Araştırma Makalesi

Osmanlı’da Zina Cezası Olarak Recm

Al-Rajm (Stoning to Death) During the Ottoman Empire

Öz

Islam forbids not only the act of adultery but also all acts that invite and encourage the act of zina. Islam shuts the door to the root of every evil. The most comprehensive definition of zina is: " Sexual intercourse between a man and a woman without legal right or without the semblance of legal right (al-milk or shubhat al-milk)." The Muslim scholars are of the opinion that the Shariah has prescribed two separate punishments for the crime: 1- If an unmarried man or woman commits zina the punishment shall be 100 lashes, 2- If an married man or woman commits zina, the punishment shall be stoning to death. A verdict for zina requires the confirmation of the crime by four male witnesses or the confession of the perpetrators. The legitimacy of stoning as a form of punishment is derived from the hadith. Stoning is not mentioned in the Koran. This article is about al-rajm (stoning to death) during the Ottoman Empire. When we compare al-rajm with historical events firstly we can see clearly that al-rajm has been definitely implemented. Therefore, this article aims to indicate the al-rajm that implemented in the Ottoman society with helping of the Shariah records of the court registers. (Mahkamah Sijills): The verdict for the Zina given by the Qadi mentioned in historical books has been determined from the Court registers as well. This original document of the punishment of stoning has been made known and judged. As a result of this It has appeared that this crime was implemented in the Ottoman Era.
Islam forbids not only the act of adultery but also all acts that invite and encourage the act of zina. Islam shuts the door to the root of every evil. The most comprehensive definition of zina is: " Sexual intercourse between a man and a woman without legal right or without the semblance of legal right (al-milk or shubhat al-milk)." The Muslim scholars are of the opinion that the Shariah has prescribed two separate punishments for the crime: 1- If an unmarried man or woman commits zina the punishment shall be 100 lashes, 2- If an married man or woman commits zina, the punishment shall be stoning to death. A verdict for zina requires the confirmation of the crime by four male witnesses or the confession of the perpetrators. The legitimacy of stoning as a form of punishment is derived from the hadith. Stoning is not mentioned in the Koran. This article is about al-rajm (stoning to death) during the Ottoman Empire. When we compare al-rajm with historical events firstly we can see clearly that al-rajm has been definitely implemented. Therefore, this article aims to indicate the al-rajm that implemented in the Ottoman society with helping of the Shariah records of the court registers. (Mahkamah Sijills): The verdict for the Zina given by the Qadi mentioned in historical books has been determined from the Court registers as well. This original document of the punishment of stoning has been made known and judged. As a result of this It has appeared that this crime was implemented in the Ottoman Era.

Detaylar

Sayı
Cilt: 3, Sayı: 2, Güz 2003
Geliş Tarihi
13.06.2003
Kabul Tarihi
11.11.2019
Yayın Tarihi
30.09.2003
Dergi Bölümü
Araştırma Makalesi
Bilim dal(lar)ı
Temel İslam Bilimleri,
İslam Hukuku

Nasıl Atıf Yapılır

Menekşe, Ömer. “Osmanlı’da Zina Cezası Olarak Recm”. Marife 3/2. 30 Eylül 2003. 7-18. https://doi.org/10.5281/zenodo.3343353.
Özet Görüntüleme: 17
PDF İndirme: 22

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