Özet:

In the context of the Had and Ta’zîr discussions, the Islamic criminal law punishes Dr. David EŞIT. Member, Hakkari University, Theological Faculty, Islamic Law Anabolic Department Assistant Professor, Hakkari University, Faculty of Theology, Department of Islamic Law Hakkari, Turkey [email protected] Orcid ID: 0000-0003-1366-4650 The most famous definition of punishments in Islamic Law is the triple classification based on hadd, short and ta'zira. The punishment of the righteous is the punishment of the righteous, and the punishment of the righteous is the righteous. The drinking punishment is also accepted by the Hanefîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlîlî But they have disputed about the amount of drinking. The punishment of the drinking. The Prophet (peace and blessings of Allah be upon him) said, “There is no doubt that the triumph of the Prophet (peace and blessings of Allah be upon him) is a triumph of the triumph of the Prophet (peace and blessings of Allah be upon him). From the early period, it was revealed that the punishment of drinking was not hadd but a punishment of the kind of ta'zîr. The research focuses on the advanced discussions on the type of punishment for drinking (hadd-ta'zîr). First of all, we will discuss the general characteristics of the Hadded punishments. This framework will provide a general perspective on the history of the punishment for drinking in the Islamic religion. There will be collectively transmitted records that allow the formation of different approaches to the punishment of drinking. Those who drink the beverage will be considered to be the judgment and the evidence of the beverage will be discussed in the context of the fighters.  After that, the punishment of drinking will be accepted as a punishment of the kind of ta'zîr, with the signs of the signs of the signs. Finally, a general assessment will be made on the basis of different opinions on the punishment of drinking.

Anahtar Kelimeler:

Özet:

Abstract The most famous classification of punishments in Islamic law is the trilogy classification based on ḥadd, Retaliation (qıṣâṣ) and taʿzīr. The punishment for drinking (wine) is accepted as ḥadd by Hanafīs, Şāhāfi‘īs, Malikīs, Hanbalīs and Zahirīs. From the early period, it was put forward that the penalty for drinking (wine) was not ḥadd, but a taʿzīr of punishment. The research focuses on the arguments about the type of wine (ḥadd-ta‘zīr) punishment. Here, the narratives (rivâya) that lead to different approaches to wine punishment will be conveyed collectively. Subsequently, the opinions and evidence of those who accept the punishment of wine as ḥadd will be discussed in the context of fiqh sects. Subsequently, the opinions of those who consider the punishment of wine as a ta‘zīr shall be mentioned together with the evidence. Finally, a general assessment will be made on the basis of different views on the wine punishment. Keywords: Islamic Criminal Law, Ḥadd, Ta‘zīr, Wine, Inebriation.