Abstract:

In contemporary legal systems, the generality of laws refers to provisions that do not target a specific person, not a special and incidental situation, but predetermined, abstract, and appealing to everyone. From this point of view, the generality of the law means the same thing as the equality of all before the law. However, in contemporary criminal law, equality and relative equality can be understood and an equality between people who are equal in everything can be mentioned. The fact that unequals are subject to the same penal sanctions creates a situation contrary to this understanding of equality. When it comes to equality before the law in Islamic criminal law, this is closely related to the right group to which the punishment is related, as well as to the type of punishment. Since the rights are considered in two groups as the right of Allah and the right of the person, it can be said that the principle of equality is respected in the punishments related to the rights of the people. Although there are differences between the sects in this area, the Hanafi sect is one of the important defenders of the principle of equality. This study, which deals with the generality of Islamic criminal law in the context of the general principles of criminal law, aims to determine whether the generality principle is applied in penalties in Islamic criminal law and whether there are provisions contrary to generality. In this study, first of all, what is meant by generality in criminal law will be investigated from modern criminal law, and then it will be evaluated whether there is generality in punishments under the main headings of hadd, qisas and ta'zir in Islamic criminal law.

Keywords: