RELATION OF GENERAL PURPOSE OF RELIGIOUS PROVISIONS WITH CRIMINAL LAW
DİNİ HÜKÜMLERİN GENEL GAYELERİNİN CEZA HUKUKU İLE İLİŞKİSİ

Author : Münteha MAŞALI
Number of pages : 50-84

Abstract

The supreme values that dominate the whole of the literature in fiqh literature are expressed as makâsıd. In this context, the five principles as religion, life, mind, generation and property that are accepted necessarily and considered in uppermost level and described them as “zarûrî makâsıd”. In this article, it will be tried to reveal the technical foundations of the relationship between the objectives and punishments within the framework of the measures taken in order to gain five principles and to sustain their existence. Then, in the light of the basic values of Islam, the perception and needs of today's world in the field of criminal law will be answered.

Keywords

Islamic Law, objectives, necessarily, universal, penalty

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