TITLE

TÖRE CİNAYETLERİ AÇISINDAN SOSYAL-HUKUKİ DÜZENLEMELERİN EVRİMİ

AUTHOR(S)
Avci, Mustafa
PUB. DATE
January 2005
SOURCE
Ekev Academic Review;Winter2005, Vol. 9 Issue 22, p1
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
In this study, an attempt will be made to discuss legal and cultural aspects of murders by custom from the ancient society to the Ottoman Empire. In the ancient legal systems dominating the societies living in a wide geographic area covering a large part of Asia and Europe, adultery was considered as an offense, which was generally punished with capital punishment. On the other hand, it is well-known that since ancient societies, murders by custom has been one of the most prominent measure employed to prevent adultery . As a consequence, it can be said that, in different former and living societies and cultures, acts of custom murders interacted with each other. Punishment of such offenses was executed by the head of the family or the head of the tribe in the periods when the authority for punishment was not completely assumed by the state. Afterwards, according to the Islamic legal system, punishment of adultery was considered entirely within the jurisdiction of the state. Finally, some examples were given concerning the methods of punishment of adultery at the time of Prophet Muhammad, the Pious Caliphs and some emerging Islamic states. In addition, the principles and rules in the Ottoman Codes, especially the provisions of of the Penal Code dated 1858 concerning adultery were discussed.
ACCESSION #
17303984

 

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