Özet:

In the modern area, interpersonal relationship is more widespread than ever before. As a natural consequence, people speaking different languages live together in almost every society. Some of those who are unfamiliar with the language spoken in their place have experienced war, internal conflict, natural disaster, etc. consist of those who had to leave their original homeland for reasons. Some of them are people who are in a foreign country for short or long term for political, economic, educational, health, travel, tourism, etc. purposes. In addition, there are those who do not know the language used in the courts of the country of citizenship or who cannot express themselves in the language valid in the court. Such situations are frequently encountered in multinational states. It cannot be said that the relations of people who are foreign to the language of the country they live in with other members of the society are always within the rules of law. To put it more clearly, a person who is foreign to the language spoken in the country can be brought before the law as a perpetrator or a victim. The victim, who does not know the language used in the court or cannot express himself fully in this language, can seek his rights as a plaintiff, making it necessary to establish a healthy communication with the court. In the same situation, the defendant’s ability to fully defend against the accusations depends primarily on understanding the allegations against him and responding to these allegations with the language used in court. Failure of the plaintiff to prove his claim due to lack of language or incomplete defense of the defendant will lead to victimization. Linguistic insufficiency is also an obstacle to fair trial. The judge must listen to and fully understand the words of the plaintiff, defendant and witnesses in order to render an accurate judgment. If the judge does not understand the language spoken by any of the parties or witnesses in the case, the trial will be incomplete. When all these are taken into account, the fact that the plaintiff, the defendant or any of the witnesses is a foreigner reveals the need for an interpreter during the proceedings. In Islamic law, this need has been taken into account since the firs periods, and people who can act as translators at various levels of the state have been found. In this study, the role of the interpreter in Islamic law of reasoning and its contribution to fair reasoning have been tried to be determined. In the study, primarily the concepts of translation and interpreter were emphasized, and the conditions the Islamic jurists sought in an interpreter and the necessity of an interpreter were discussed, based on their importance in Islamic law of reasoning. Then, the approaches to the legal status of the interpreter were examined. As a result of the examination, it was seen that some jurists accepted the status of interpreter as “witness” and some of them as “messenger”. If any of the parties or witnesses to the case does not know the language used in court, the use of an interpreter will make a significant contribution to the proceedings. In the study, these contributions are the translator’s providing equal opportunity in reasoning; the ability of the foreign plaintiff to present his claims and evidence to the court in full with the help of an interpreter; the defendant is aware of the charges against him, and is able to make his defence accordingly; the effect of the translator on the judgment of the judge is discussed in terms of its aspects. The study is based on Islamic law of reasoning. In addition, the situation of the translator in international conventions and the Turkish legal system has been pointed out, and comparisons have been made between Islamic law and positive law when appropriate.

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