Özet:

Islamic law differs from the other types of laws for it takes its legitimacy from divine authority and also has some special features which make it different from others. One of these differences is can be recognized when the Islamic penal codes are reminded. Generally, penal law aims to provide social order. That is why penal law is significant as any kind of crime that occurs in society means neglection of principles of law or damaging legal interest. Thus it is necessary to order and apply punishment for any behaviors that disrupt the social order. Otherwise, the social order may be broken. Thanks to the penal sanctions that consist of a significant part of all law systems and these laws enable to preserve social order. Islamic law system like the other juridical systems has its own sanctions targeting the happiness of individuals in this world and afterlife. It is known that in the Islamic law system the idea or rule of the equivalency for men and women is practiced. However, during the implementation of some punishment such as retaliation ve diet i.e blood money penalty, the inequality practices for females and males are said to occur so this situation becomes one of the discussion matters in between different fıqh traditions and between Islamic scholars. Even at our present, these kinds of discussions occur. Thus this article examines why the diet penalty of a woman is just equivalent to half of the man’s diet. Also, it is not neglected to sophisticate the idea claiming that as anatomical structure of male and female are different, whether some parts of the body such as hands and some other organs refers to the superiority of males over females or not nad whether this idea damages the equality situation between men and women.

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