İslam Ceza Hukukunda ta`zir

Abstract

Islamic Law, accepts the separation of `İbadât`, `muamelât`, and `Ukûbât` instead of the separation of Private and Public laws. There are two kinds of penalties in islamic Criminal Law: first group is formed of penalties determined by Allah and the Prophet and the other group is formed of penalties called `ta'zir` which are determined by administrators and governing bodies. Penalties called `ta'zir` makes islamic Criminal Law flexible and enable islamic Criminal Law to be applied all kinds of conditions different ages. Amount in `ta'zir` penalties is not predetermined but there are samples of its appliacations in concerned resources. When we examine these samples we see that `tazir` may be subdivided as following: Corporal penalties: includes capital sentence and whipping /celd). Penalties limiting freedom: imprisonment and exile. Financial penalties: `Tağyir`: changing the property subject of the crime. `İtlaf: `terminating the property which is subject of the crime. `Garame:` Monetary fines. `Müsadere:` seizing the property. There are also warning and litigation penalties such as: `azil` being removed from office `teşhir (exposing), `tevbîh (rebuking),` `tecrit (isolation).` These are kinds of `ta'zir` of which samples of application exist. However this does not mean there may not be any other kind of `ta'zir` penalties. Concerned governing bodies may apply new `ta'zir` penalties in accordance with general public principles.