Özet:

This article aims to show how Hanefî fakihs in the field of criminal law find themselves in conflict with the systematic religious view of a part of the rivates while claiming how they use the term politics. In order to this goal, it was first necessary to stand on the way of understanding the term politics in the criminal law. In this context, it is important to note that many Hanefi factions have linked the sanctions category that they call politics with the public authority’s merely own appreciation. Politics of public authority seems to have given them the possibility to apply to the term of politics while they are assured of a part of the ways they do not find in accordance with their own systems. Secondly, the article analyzes many legal discussions in the Hanefî fıkıh books where the term politics is used as a te'vil way. In these discussions, the Hanefish facks, though they see politics as a legitimate legislation field in principle, do not take into account the development of the systematic religious law. This approach shows that they deal with an entire Islamic law as fights and political provisions in two distinct categories.

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