Retracting A Confession and The Judge's Suggesting This to The Suspect in The Context of Hadd (Punishment) in Islamic Criminal Law
Recep Cetintas
article (Uluslararası, Hakemli) | Yazar(lar): Recep Cetintas | Yıl: 2017 | Dergi/Kurum: CUMHURIYET ILAHIYAT DERGISI-CUMHURIYET THEOLOGY JOURNAL | İndeks: WOS.ESCI | DOI: 10.18505/cuid.331642 | Anahtar Kelimeler: Hadd, Confession, Suspect, Right of Public, Right of Human — Özet: One of the main the purposes of Islamic L
One of the main the purposes of Islamic Law is to protect certain values in order to sustain the existence of social life in order and order. These values are religion, life, generation, reason and possessions. Shari' put particular punishments for crimes committed against these values. These punishments are called hadd. In order to apply hadd (punishments) the crime must be proved without doubt. That's why if there is doubt about the crime, the hadds can not be inflicted. Suspect's retraction of his confession is the main reason leads to the doubt. The jurists disagreed about whether the hadd become invalidated dues to a retraction of the confession. While the majority agreed that hadd is invalidated by the retraction of the confession, especially in the matters directly related to Allah, some claimed that they would not be invalidated. The majority adopted that the judge's suggestion to the suspect retracting his confession is recommended. Nevertheless, it was also agreed that the hadd (punishment) of slandering and the penalty of killing cannot be invalidated by a retraction of the confession.