Osmanlı’da Zina Cezası Olarak Recm

Authors : Ömer MENEKŞE

Pages : 7-18

Doi:10.5281/zenodo.3343353

View : 22 | Download : 12

Publication Date : 2003-10-01

Article Type : Research Paper

Abstract :Islam forbids not only the act of adultery but also all acts that invite and encourage the act of zina. Islam shuts the door to the root of every evil. The most comprehensive definition of zina is: ` Sexual intercourse between a man and a woman without legal right or without the semblance of legal right insert ignore into journalissuearticles values(al-milk or shubhat al-milk);.` The Muslim scholars are of the opinion that the Shariah has prescribed two separate punishments for the crime: 1- If an unmarried man or woman commits zina the punishment shall be 100 lashes, 2- If an married man or woman commits zina, the punishment shall be stoning to death. A verdict for zina requires the confirmation of the crime by four male witnesses or the confession of the perpetrators. The legitimacy of stoning as a form of punishment is derived from the hadith. Stoning is not mentioned in the Koran. This article is about al-rajm insert ignore into journalissuearticles values(stoning to death); during the Ottoman Empire. When we compare al-rajm with historical events firstly we can see clearly that al-rajm has been definitely implemented. Therefore, this article aims to indicate the al-rajm that implemented in the Ottoman society with helping of the Shariah records of the court registers. insert ignore into journalissuearticles values(Mahkamah Sijills);: The verdict for the Zina given by the Qadi mentioned in historical books has been determined from the Court registers as well. This original document of the punishment of stoning has been made known and judged. As a result of this It has appeared that this crime was implemented in the Ottoman Era.
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