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One of the classic powers of the president and heads of state is the power of amnesty. The limits and use of this authority differ from country to country. While the general amnesty eliminates all the consequences of conviction, the special amnesty is only a matter for the execution regime. In the Turkish constitutional system, the President has the authority to commute or remit the sentences imposed on persons, on grounds of chronic illness, disability or old age. When evaluated in the context of its definitions, it can be stated that the President’s power of amnesty included in the 1924, 1961 and 1982 constitutions is special amnesty. The special amnesty power of the President has a multidisciplinary nature that is within the scope of political science, public administration, constitutional law, administrative law, penal law and forensic medicine. The intense execution of the amnesty process for those convicted of terrorist crimes during the President Ahmet Necdet Sezer period drew the attention of the public to this area. The President’s special amnesty practices attract the attention of the public in cases where this process is run for people who are well known by the public. However, probably due to the multidisciplinary nature mentioned above, the subject remained in an area of relatively little academic interest. In the study, firstly, the theoretical foundations and infrastructure of the special amnesty granted to the President are discussed. Afterwards, the constitutional basis of the issue, the shape, nature and limits of the President’s power of pardon were examined in the light of the special amnesty decrees. [ABSTRACT FROM AUTHOR]

In the 19th century, one of the reforms carried out by the Ottoman Empire was in the field of criminal law. In 1840, 1851 and 1858, penal codes were drafted one after the other. Simultaneously with these laws, councils and regular courts were established to hear and adjudicate criminal cases. The fact that the murder cases, which are the subject of this study, are related to both personal and public law has brought about the functioning of the sharia and regular courts at the same time in these cases. The dualist structure of Ottoman criminal law came into play at this stage. The fact that these courts would hear the same cases according to their own procedural laws could lead to different outcomes from the two courts. This study analyzes the cases of women guilty of murder in the sharia and regular courts and examines the consequences of this dualistic structure. One of the problems of the study is whether gender creates an advantage or disadvantage in the punishment of women. The conditions under which the sentences of women sentenced to retribution or capital punishment were pardoned or commuted and what this dualistic structure meant for death row inmates are also among the issues discussed in this study. The main sources of the study are the documents obtained from the Ottoman Archives. In this context, it has been tried to analyze the issue by evaluating the legal literature of the period and current academic studies. [ABSTRACT FROM AUTHOR]

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Copyright of Sakarya University Journal of Law Faculty (SHD) is the property of Sakarya University Journal of Law Faculty (SHD) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The main purpose of this article is to present and analyze some opinions of Yūsuf alQaraḍāwī (1926-2022), one of the most influential jurists in the field of fiqh from the 1970s to the present, by highlighting the changes in the historical context. In his life span of more than ninety years, al-Qaraḍāwī played an active role in the establishment of Islamic institutions in addition to his contributions to almost every field of Islamic sciences. He has declared at every opportunity that Islamic Law has the potential to produce solutions for any era and place and emphasized that the only way to do this is to activate the mechanism of ijtihad. In his books al-Ḥalāl wa’l-Ḥarām fi’l-Islām and Fatāwā mu‘āṣira, among the principles he based his fatwās, he noted that he did not imitate a particular madhhab and that he went beyond all four madhhabs and made full use of the heritage of fiqh. He specifically declared that he did not adopt a dissenting view on any issue about which there was a definite ijmā‘ (al-ijmā‘ al-mutayaqqin). One of alQaraḍāwī's contributions to the field of fiqh is Islamic Criminal Law. In addition to expressing his views on this field in his books in which he recorded his fatwās and in some of his other works, he also analyzed the punishment of apostasy specifically in his work titled Jarīmat al-ridda, but he wrote fi’l-fiqh al-jinā'ī wa'l-‘ikābī fi'l-Islām a few years before his death to collect his views on the subject in a single work. Although al-Qaraḍāwī prefers one of the views of the four madhhabs in this work, he goes beyond this framework in some issues and presents different views on the provisions about which ijmā‘ is claimed to have been realized. The first of his opinions in this section is about the punishment of rajm-stone to death. Although al-Qaraḍāwī's opinion on this issue before 1972 cannot be determined, it is understood from his statements at that time that he adopted the view that rajm punishment is a ta‘zīr punishment (under the discretion of judge or ruler), but shortly before his death, he abandoned this view and opted that rajm is not an Islamic punishment. His interpretation of the concept of “muḥṣan”, which is considered as a criterion for the change of punishment in the act of adultery, as “the fact that the party(ies) were married at the time they committed this act” is one of the views that he diverged from the tradition. Among his prominent opinions are: The punishment for drunkenness is ta‘zīr, the lawmaker can determine an appropriate punishment for this crime according to the time and place, the use of drugs, regardless of their kind or names, is forbidden, and those who use them will be punished with a deterrent sanction, and those who trade and propagandize can be sentenced to death by way of ta‘zīr, in the crime of theft, niṣāb (quorum) of the stolen property determined in the hadiths is not compulsory and can be determined by a committee of experts in line with changing conditions, the different punishments for apostasy according to the position of the apostate is another controversial view in this area. al-Qaraḍāwī’s views have created a serious reflection in the academic world and paved the way for many critical studies. In our study, first, the principles that al-Qaraḍāwī declared to be the basis of his fatwās are presented. Then, his views in the field of criminal law were presented and analyzed. Since the two prominent jurists of the period, Abū Zahrā and Muṣṭafā Zarqā, had a significant influence on the formation of his views, their views on the subject are also included in the study. Finally, some evaluations are made in the light of the methods of the early jurists by focusing on the problems identified in the method al-Qaraḍāwī followed in constructing his views analyzed in this study. al-Qaraḍāwī’s corpus published in 2022, which brought together 105 of his works, was consulted to determine his views. In addition to Abū Zahrā’s al-Jarīma and al-‘Uqūba on Islamic Criminal Law, his book of fatwās and Zarqā's Fatāwā were among the works that were consulted extensively in this study. [ABSTRACT FROM AUTHOR]

Objective: In this study, we aimed to evaluate the knowledge level of physicians working in a university hospital about their rights and criminal responsibilities according to the legislation. Material and Method: It is a cross-sectional study. A questionnaire was conducted between April 2022 and December 2022. In the questionnaire created by reviewing the literature, there were 41 questions in total, including the characteristics of the participants (20 questions), 4 questions about basic physician rights, 12 questions about criminal responsibilities, and 5 questions about basic legal knowledge. Results: A total of 273 physicians participated; 53.5% of the participants were male, 68.8% were resident, and 67% were internal medicine physicians. The mean age was 34.7±9.9. In the multiple-choice questions, the average score obtained in the questions about fundamental rights, criminal responsibilities and basic legal knowledge was 11.34±2.64. The mean score was 2.43±1.04, in questions about physician rights, 6.82±1.80 in questions about criminal liability, and 2.08±1.20 in questions about basic legal knowledge. There is a positive significant difference between the time spent in the profession and the status of being a faculty member and the level of knowledge in the field of medical law. Men averaged higher scores than women. Ninety point four percent of the physicians abstained from their patients. Conclusion: It was detected that physicians did not have enough information. Physician's rights, criminal responsibilities and basic legal knowledge level increased with years spent in the profession, age and title progress. Men's knowledge level was better. It was observed that physicians with insufficient knowledge level abstained from their patients. [ABSTRACT FROM AUTHOR]

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It is possible to follow the change that has occurred in the historical process in the crime of aggravated sexual assault through the definition of the crime and the legal interest that is aimed to be protected by the relevant penal rule. At the stage we have reached, the change experienced can be observed in the old and current Turkish Penal Codes. Comparing the approach of Islamic criminal law regarding the crime of aggravated sexual assault with today's criminal thought shows how striking the change is. The study aims to prove comparatively how the crime of aggravated sexual assault is defined in Islamic criminal law and what legal interest is pursued with this regulation. It is hoped that the study will also be an example of how the phenomenon of change in criminal thinking takes place. The most commonly used terms to express the crime of aggravated sexual assault in Islamic criminal law are al-ikrāh 'alā al-zinā, al-istikrāh 'alā al-zinā, al-zinā karhan and al-ightisāb. The terminology used to specify the crime of aggravated sexual assault seems to be influenced by the fact that the crime is considered as the crime of adultery and also by some jurists as the crime of hirābah. This perception led to the inability to develop a direct and independent term to express the crime of aggravated sexual assault in the classical doctrine of Islamic criminal law. In Islam, sexual intercourse between man and woman is not considered legitimate unless there is a marriage or ownership relation. However, the existence of suspicion of marriage or ownership removes the penalty, even if sexual intercourse constitutes a crime. In Islamic law, same-sex intercourses are completely prohibited with no exceptions. The perception of sexual freedom in today's criminal law does not comply with the principle of Islamic law, 'what is the main in sexual intercourses is not permission, but prohibition'. The objective element of the crime of sexual assault is the act related to the sexual content being perpetrated without the consent of the victim. The crime may be committed by physical violence, threat, or any other means that leaves the victim unable to demonstrate willpower and resist the act of sexual assault. In Islamic criminal law, in order to distinguish the crime of aggravated sexual assault from the crime of adultery, either the term ikrāh/istikrāh/karhan together with the word zinā or the term ightisāb which means direct forced acquisition, is used. In the classical doctrine of Islamic criminal law, the act of aggravated sexual assault is not defined as a separate crime, but is classified in the scope of zinā or hirābah. The inability to define the crime of aggravated sexual assault as a separate crime led to different approaches in the issues of which the sanctions will be imposed on the crime and how the crime can be proven. As for in the Ottoman criminal law, the crime of aggravated sexual assault was mostly regulated by state legislative procedure. [ABSTRACT FROM AUTHOR]

In Islamic law, Diyet refers to property or money paid as punishment and blood in case a person is unjustly killed, injured or maimed. The religious sources of the Diyet are shown as the Qur'an, Sunnah and Ijma (the consensus of scholars). The Diyet, which has been applied from these three sources throughout the Islamic history, has not only been a deterrent application for the punishment of criminals, but has also been an application with socio-economic effects. Preventing blood feuds, hostilities and conflicts that may arise between the murderer and the relatives of the murdered person, establishing a basis for reconciliation and security between the parties can be counted among the sociological effects of Diyet. On the other hand, paying the diet with certain types and numbers of animals such as camels, as well as a certain amount of gold, silver and payment instruments of the same value, makes significant contributions to the economic activities of the society. This article will focus on the socio-economic effects of Diyet, which is one of the important practices of Islamic Criminal Law (Ukubat). [ABSTRACT FROM AUTHOR]

In this work, titled Islamic Criminal Law and Humanitarian Principles, which is the book version of Mustafa Cevat Akşit's doctoral thesis prepared in 1975, Islamic criminal law is discussed from the humanist perspective in modern criminal law. In this context, it is aimed to compare both legal systems in terms of humanitarian principles and to show that Islamic criminal law includes modern criminal law principles in terms of general purposes. [ABSTRACT FROM AUTHOR]

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In the evaluation of a narrative text, the narrator and even the audience are as important as the plot, the heroes, the time and place in which it was created/transmitted. Therefore, the existence of an effection moves in parallel with the presence of the transmitter and the audience. In addition, since the creator and transmitter of a text is a part of the society in which he or she lives, various beliefs and practices of that society, legal system and moral values etc. elements take their place in the individual. This enriches the non-text elements as it carries over to the text. Even though a text is an individual creation, it takes on the characteristics of the region in which it was created/transmitted. This situation, which is met with the term localization, is blended with the language, style, place names or various traditions of the transferred region. If the text in question is a poem, in some cases, it continues to live with the pseudonym of a minstrel/poet who created the same style of poetry for various reasons. This is also the case in some of the texts discussed in the review. This is also the case in some of the texts discussed in the review. Although there is alleged information about the place and creator of a folk song with story called "Sarı Sultan'ım" collected in the Çukurova region, this text has begun to be attributed to Karacaoğlan in other variants collected in the following years. In the article, how the text "Sarı Sultan'ım" was transformed in the geography of creation and transmission and attributed to Karacaoğlan, the effect of the transmitters in this transformation will be examined and the information about elements like the localization, criminal law, curse et al. will be given. [ABSTRACT FROM AUTHOR]

While the Prophet was alive, the companions had consulted to him personally for the solution of every religious matter and to the Qur'an and Sunnah after his death. On the issues that they could not find information in the two sources mentioned, they have made judgments by making ijtihad. Those who were not at the level to make ijtihad obtained information by consulting people who were experts in religious matters. The Muslims who came after them continued to follow the same path. Later, fatwa books were prepared, and these works began to be used in the field of qada as well as fatwa. Although the proposal for the codification of Islamic law was made by Ibn al-Muqaffa' (d. 142/759) at a very early period, the act of codification started too late. The legalization activity in the modern western world started at the end of the 18th century and spread to the whole European continent in the 19th century. The Ottoman Empire, influenced by the West, started the act of codification in the modern sense with the Penal Code of 1840. The codification of civil law in the Islamic world started with al-Majalla al Ahkam al Adliyyah (The Ottoman Courts Manual). Hukūk-i Aile Kararnamesi (the Family Law Decree) which was issued in 1917, followed al-Majalla in the field of codification. These two laws, which were prepared based on Islamic law, were applied in many countries under the rule of the Ottoman Empire. Even these two laws continued to be in force in some other Islamic countries a long time after they were declared abolished in the Republic of Turkey. With these works, the Ottoman Empire became a pioneer for other Islamic countries, and later, other Islamic countries took these as an example and prepared and put into effect their civil laws. One of these countries is Afghanistan. Although Afghanistan was not under Ottoman rule, it was directly or indirectly influenced by Ottoman law in enacting and took Ottoman law as an example. While the first penal code was being prepared in Afghanistan, the penal code (Ceza Kanunnāme-i Hümāyunu), which was enacted by the Ottoman Empire in 1858, was taken as a basis. Some articles of the aforementioned Ottoman Penal Code of 1958 were incorporated into the Afghan penal code of 1921 (Nizamnāme-i Cezā-yı Umūmī), either as they are, with little or no change. It is stated that judges should be made according to al-Majalla and that the qadis should fill the gaps in the law with al-Majallaon some issues in the laws named "Usūlnāme-i İdāri-yi Mahākim-i Adliye" (Administration of Judicial Courts Law) of 1957 and "Usūl-i İjraati Muhākimāt-ı Huqūqī yi Adlī" (the Practice of Judicial Jurisdiction) of 1958.When we look at the Afghan Civil Code, which came into force in 1977, we see that it was influenced by the Majalla and the Ottoman Hukūk-ı Āile Kararnamesi (Ottoman Law of the Family Decree). In the same way, Majalla and its annotations have been used in Afghan courts in addition to the Afghan Civil Code until today. It is seen that in the Afghan Civil Code, which was prepared based on Hanafī fiqh, some issues were out of Hanafī fiqh, and in this respect, the Ottoman Law of Family Decree was followed. In this article, the effects of Ottoman law on Afghan law will be discussed in the context of criminal law, family law, and law of obligations. [ABSTRACT FROM AUTHOR]

The Imperial Edict of Gülhane in 1839 marked a new era in the history of Ottoman modernization. As in almost all fields, reform movements heavily influenced by European ideas showed their effects in the field of law. While new criminal laws were being enacted with a Western approach, the Nizamiye [guardhouse] courts were being established that would carry out trials based on these laws. This article addresses the crimes that were committed between 1876-1880 in the Ottoman capital of Istanbul as based on the Dersaadet, Beyoğlu, and Üsküdar Nizamiye court records. For this purpose, the article analyzes statistical information regarding crimes such as homicide, larceny, extortion, bodily harm, rape, and forgery that were committed in Istanbul during the specified period as well as the individuals who committed these crimes. [ABSTRACT FROM AUTHOR]

This criminal history study of the Ruse (Rusçuk) district of the Ottoman Empire is based on analyzing court records (sharia register). In the study, which aims to reveal a small section of the application of the punishment concept in the Ottoman provinces, the court provisions were determined. These provisions were classified according to the type of punishment, and then inferences were made. The study comprised three parts, excluding the introduction and conclusion. At first, the history and socio-economic conditions of the city of Ruse were examined. In the second part, the Ottoman period practices of Islamic criminal law were investigated with a general and theoretical perspective. In this way, it was desired to create a basis for the third party. The last part looks at the punishments given to the criminals in Ruse in a variety of ways, based on the court records from the 18th century. Writing about the crime and punishment history of the Ottoman Empire is especially important because the negatives are memorable and show more clearly what should have happened. In addition, the comparison possibility with today is another sign that shows the need for more studies on the subject. [ABSTRACT FROM AUTHOR]

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Copyright of Antalya Bilim University Law Review is the property of Antalya International University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

As a result of rapidly developing digital technology and network systems, the internet has become the focal point of cybercrime, like the "Wild West". When the current situation is considered together with the tendency of states not to share their jurisdiction within the scope of their sovereign rights, international judicial cooperation within the scope of combating these crimes becomes a difficult possibility, unless a binding international agreement with a binding international dimension can be achieved in the fight against cybercrime. Our study has been shaped in the context of the literature review on the subject, the examination of current judicial decisions and the information obtained from international and local legislation reviews. First of all, it is aimed to avoid possible confusion in the continuation of the text by making a conceptual analysis of the term cybercrime, which differs in each state's own social, cultural and economic values. Afterwards, attempts made to combat cybercrime in the national and international arena will be evaluated, apart from the Council of Europe Convention on Cybercrime (Budapest Convention). Within the scope of the obligations brought by the Convention, its effects on Turkish Law and the compliance of the legislation in Turkey with the aim of combating cybercrime will be examined. Within the scope of this review, firstly, the types of cybercrime in the context of substantive criminal law will be determined, then the protection measures and procedural provicions to be applied within the scope of combating crime will be expressed. Finally, due to the borderless nature of cybercrimes, the principles of judicial assistance to be provided between countries in terms of fighting these crimes will be mentioned. [ABSTRACT FROM AUTHOR]

Copyright of Ankara Barosu Dergileri is the property of Ankara Bar Association and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Ankara Barosu Dergileri is the property of Ankara Bar Association and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Kırıkkale University Journal of Social Sciences is the property of Kirikkale University Journal of Social Science (KUJSS) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Antalya Bilim University Law Review is the property of Antalya International University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Selcuk Law Review / Selçuk Üniversitesi Hukuk Fakültesi Dergisi is the property of Selcuk Law Review and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Generally, the provisions whose justification and reason can be known through wisdom related to the jurisprudence verses are in majority. These provisions are also divided into two parts as definite and presumed according to the indication of the provision. Due to such properties, they have been interpreted differently from time to time. On the other hand, the uqûbât (criminal law) verses differ from the other provision verses, since they have punitive characteristics. These verses establish heavy punitive sanctions; besides, they have a specific importance that they are presented with the Qur’an’s own style such as miracle, declamation, and fluency. Therefore, it is not possible to consider the meanings related to the jurisprudence independent from the form of the verse in which these meanings occur. For, the knowledge of the religious decrees and purposes indicated by the words in the verses depends on the understanding of their meanings. For this reason, issues related to declamation such as truth, metaphor, clarity, trope, etc are also covered in the fiqh procedure. In addition, the Qur'an has a solid and fluent presentation of the beautiful harmony of the eloquence and tender discourse, pertinent to perfect wording, reasonable meaning, and relevancy to the circumstance. This also can be seen in the verses of criminal law where the provisions are presented rhetorically considering the justification and reason. The number of criminal law verses in the miraculous Qur’an is approximately thirty. These constitute the basis of the penalties of retribution, divine boundaries, and blood money. Based on the fact that even a single letter in the Qur’an is not superfluous, it is possible to say that the provisions on a subject are not just some abstract provisions. Therefore, the elements that make up the sentence construction of each verse have been harmoniously placed in a certain order and arrangement, creating an organic texture with the fiqh decrees and almost added spirit to them. However, there is a general opinion that the legal rules are likened to a soulless corpse or a cold face, as the law makers generally attach more importance to the justifications in the provisions. However, this is not an appropriate approach to the Qur'an, which is the first basis of the Islamic law that handles the elements such as the wisdom of the judgment, the presentation of the judgment, its style, and rhetoric together by grounding on the justifications of a provision in an issue. When the aforementioned elements are evaluated with a holistic perspective, it will be seen that the provisions in the Qur’an also contain the qualities of wisdom, mercy and compassion. Therefore, it is understood that Legislator has preached wisely considering the positive reflections of these provisions on the people. This facilitates the acceptance of the promulgated provisions and gives confidence and calmness to the conscience in case of execution. In this study, the verses about uqûbât (punishment) will be studied on the basis of Qur'an rhetoric. Thus, it will be possible to see and assess together the wisdom and rhetoric elements contained in the that abovementioned fiqh provisions preached by the aforementioned verses. [ABSTRACT FROM AUTHOR]