Dede Cöngi’nin Siyâsetü’ş-Şer’iyyesi’nin Ceza Hukuku Değeri

Abstract

The concept and content of siyasa in Islamic Law has been one of the most controversial topics throughout history. The concept of siyasa, which has developed especially in the Hanafi fiqh, has been a method used in the Ottoman State. One of the most important treatises in the Ottoman Empire regarding the siyasa that should be examined in terms of Criminal Law is Al-Siyasa Al-Shar’iya Of Dede Congi. The author gave explanations regarding the compliance with laws of the siyasa sanction in Al-Siyasa Al-Sharyia Of Dede Congi. While explaining this concept the author also gave explanations about principles of criminal law, crime theory, certain types of crime and sanctions prescribed to them, the law on criminal procedure and the law on criminal execution. When the topics discussed in the treatise are examined, it will be seen that the treatise contains a significant amount of explanations regarding the criminal law. With this feature, the treatise has the quality to form a basis for the Ottoman Criminal Codes. One of its translations, in the form of articles, is in the form of code text. In addition to this, the treatise has made many quotations from fiqh books, and with this feature, it has also showed the doctrinal feature. There are some deficiencies in the treatise, which is of great importance compared to the period it was written, such as not being defined and insufficiency of explanations related to crime theory.