Author
Midilli,Muharrem, Topaloğlu,Fatih
Publication Place
Trabzon University -
Trabzon University
Subject
Criminal law
Type
Book
Language
ara,tur
Digital
Yes
Manuscript
No
Library
Leitir Library
Library Asset ID
ISSN: 2651-4559, EISSN: 2651-4567
Record ID
cdi_doaj_primary_oai_doaj_org_article_07d555551ba1427696cb0c6d888d723d
Library Location
DOAJ Directory of Open Access Journals
Notes
This article aims to show how Hanafi jurists use the term "politics" when interpreting some narrations that they find contrary to the systematic sectarian view in the field of criminal law. In order to achieve the aim, it was first necessary to focus on the way the term politics is understood in Hanafi criminal jurisprudence. In this context, it is important to note that many Hanafi jurists associate the category of sanctions, which they call politics, with the sole discretion of the public authority. Associating politics with the sole discretion of the public authority seems to have given them the opportunity to use the term politics when interpreting some texts that they do not find compatible with their own systems. Secondly, the article analyzes many legal discussions in Hanafi fiqh books where the term politics is used as a way of interpretation. In these discussions, although Hanafi jurists see politics as a legitimate legislative field in principle, they do not take it into consideration in the development of systematic sectarian law. This approach shows that they consider the entire Islamic law in two separate categories: fiqh and political provisions.
Detaylı Başlık
Hanefî ceza hukuk ilminde sistematik mezhep görüşüne aykırı rivayetlerin te’vil yolu olarak siyaset
