Cezalandırmanın Amacını İzah Eden Teorilerin İslam Ceza Hukukundaki Tezahürü
The Manifestation of Theories Explaining the Purpose of Punishment in Islamic Criminal Law

Summary/Abstract: There are different theories about the purpose of punishment in modern criminal law. Criminal lawyers have generally examined these theories under two main headings as absolute and utilitarian/relative theory. In absolute theories, punishment is an end in itself and not a means to another end. Contrary to absolute theories, punishment in utilitarian theories is a tool for the realization of another purpose. In this study, which deals with the purpose of punishment in İslâmic criminal law, the theories that explain the purpose of punishment in modern criminal law are given in general terms in the introduction part of the study, and then the manifestation of the purpose of punishment in İslâmic criminal law is discussed. Since this study requires an interdisciplinary study, an evaluation has been made on the works of fiqh and tafsir. In our study, crimes that require punishment of hadd, qisas, and ta'zir are discussed under separate headings, and the purpose of the punishment given in each type of crime is questioned. Although the general prevention function of punishments is generally emphasized in the crimes requiring hadd and qisas punishments, both in the works of fiqh and in tafsir, the special prevention function of the punishments is not ignored. The opposite is the case in the punishment of crimes that require the penalty of ta'zir. Here, too, although the specific prevention function of the penalty outweighs, there can be references to the general precautionary function.

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