Özet:

The main purpose of the criminal trial is to reveal the fault of a lawless fact. In other words, the purpose of the punishment trial is to reach the truth through evidence. But investigating and revealing the material truth in the Islamic criminal trial is not an absolute purpose. It is unlikely to be revealed crimes that violate public rights. In addition, the accused must be proven far from suspicion in order to be punished. Confession, which is one of the basic means of proof, means that the person is informed of the crime he has committed or accepts the accusation against him. Recognition obtained without any pressure and compulsion is ranked first among the means of proof. The judgment of the application of pressure and violence to the accused in order to confess the convicted crime or to obtain material evidence and the proof value of the confession obtained in this way is the subject of discussion among the poor. According to the majority of the poor, the confession obtained in this way is not used as evidence in the judgment, as it has not been seen as a prejudice and violence to the accused who is well known in society. The accused is killed, theft, theft, and so on. In the event of the presence of strong charges that they are suspicious of the crimes and that the accused may have committed the crime, some poor have accepted that the accused is forced to confess through pressure and violence. In fact, it is stated that a person known for theft has a strong curriculum in the direction of committing the same crime, while the accused cannot accept the accusation, it is possible to use prison or pressure tools to confess that he is not accused. The main reason for what is happening in this case is that the accused does not accept the guilt without pressure and violence. A number of faces in which Gazzali was also included opposed to the prejudice of those who were involved in the crime and forced to confess. There is a possibility that the accused may be innocent, as well as the possibility that the offence is committed. It should be preferred that the criminal does not see violence instead of being subjected to pressure and violence. The Qur’an says that the Qur’an is the Qur’an, the Qur’an is the Qur’an, the Qur’an is the Qur’an, the Qur’an is the Qur’an, the Qur’an is the Qur’an. On the other hand, unless the crime is proven by objective evidence, there are rivers that say that even the president of the state, no one has the power to punish for suspicion. In the Islamic trial, proofs and proofs are used as well as material evidence. The property stolen is in the presence of the accused or in his home in the proof of the crime of theft; the murder weapon is available to be used as material proof in short cases. The general claims of the poor are that the attempt to obtain material evidence by exercising pressure and violence on the accused is not appropriate. However, there are faces who accept that the accused may be pressed in order to find out the place of the property stolen in the crimes of theft and if there is, the criminal partners. As a result of the pressure and violence, the accused acknowledges his crime and reveals the property he has stolen, the original punishment of the crime will be applied. However, this punishment is not based on the confession obtained by the pressure, and is based on the material evidence that reveals theft. It is possible to find similar understanding in the Ottoman laws. This scope, which was opened by some fakihs and the Ottoman laws, extended in the subsequent periods and sometimes those who have not been patient about the matter have also been misleading and tortured. 19th. Since the century, the confessions obtained as a result of pressure and violence, which have been ruled that torture will not be forgiven in various documents, have been adopted by the court as invalid and the concept of placing the detection of the crime and the punishment of criminals on a legal ground.

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