We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
İSLAM CEZA HUKUKUNDA KISÂS MAHALLİNİN ORTADAN KALKMASI ve HUKÛKÎ SONUÇLARI.
- Authors
KOCABIYIK, Yunus
- Abstract
Qisas is the punishment of intentionally destroying a person's life or a body part. As mentioned in the Qur'an, qisas is definitely a justification. The priority to use this right belongs to the parents of the victim. The right to utilize may fall for more than one reason. One of these reasons is the losing of qisas, which is the subject we are studying on. In this respect, it is worth studying on our subject in terms of the loss of a right. In Islamic Criminal Law, qisas is the punishment for acts committed against the soul (al-nefs) and against the parts of body (mâ dûne'n-nefs). The penalty for qisas may be set aside for more than one reason after the penalty is fulfilled, on the perpetrator who fulfills the conditions and does not prevent the imposition of the penalty. We limited our subject by considering one of them, the fall off the agenda of the qisas and its legal consequences. In the first part of our research, we focused on the origin of qisas in general terms and the situations that abolishes qisas. In the second part, we have examined the legal consequences of the abolishing of qisas. In the conclusion part, there are the results and suggestions that we have obtained as a result of our study. In the process of research, we have benefited from the commentaries of jurists and hadith books on the subject for the interpretation of the verses related to qisas. While examining the legal aspect of the issue, we have thought it would be appropriate to limit our research to four madhhabs (Hanafi, Shafii, Maliki, Hanbali). Not only benefited from the early sources of the sects, we also benefited from modern works written on the subject.
- Publication
Kırıkkale University Journal of Social Sciences, 2022, Vol 12, Issue 1, p169
- ISSN
2146-2879
- Publication type
Article