The crime and punishment of non-Muslims for insulting the prophet

Basit Öğe Kaydı
dc.contributor.authorErdogan, Suat
dc.date.accessioned2024-08-23T16:03:41Z
dc.date.available2024-08-23T16:03:41Z
dc.date.issued2024en_US
dc.departmentDüzce Üniversitesien_US
dc.description.abstractIn recent years, there has been a systematic increase in the number of verbal and actual insults against the holy places of Muslims. It is seen that a significant portion of these insulting and humiliating activities are directed against the Prophet Muhammad. No one has the right to engage in verbal or actual acts that hurt the honor and dignity of another person. Words and behaviors that violate personal rights are considered as crimes by all legal systems and criminal sanctions are envisaged. Since the offense of insulting the Prophet is not only a violation of personal rights, but also against the sacred values of all Muslims, it is more appropriate to consider it as a qualified crime. Since the crime of insulting the Prophet by a Muslim person is considered within the scope of apostasy, which is a separate type of crime, the study is limited to the crime of insulting the Prophet by non -Muslims. In the Islamic legal literature, the crime of insulting the Prophet by a non -Muslim is mostly dealt with outside the heading of uk & umacr;b & amacr;t within the framework of the dhimma contract/citizenship law. Detached works have also been written on the subject. Although there are different opinions, there is a general opinion that the penalty for the crime of insulting the Prophet is death. In this context, Hanafis, unlike other schools of fiqh, express their opinion that the crime of a non -Muslim citizen in this context will not harm the dhimmah contract, which is an important breakthrough on the subject. This article focuses on the bases of the death penalty for the crime of insulting the Prophet. In addition, the issue is discussed in terms of crime -punishment compatibility and a new approach to the punishment for the crime of insulting the Prophet is presented. In this context, it is revealed that the death penalty envisaged within the scope of the crime in question is incompatible with the crime -punishment compatibility.en_US
dc.identifier.doi10.28949/bilimname.1404498
dc.identifier.endpage514en_US
dc.identifier.issn2148-5860
dc.identifier.issue1en_US
dc.identifier.startpage485en_US
dc.identifier.urihttps://doi.org/10.28949/bilimname.1404498
dc.identifier.urihttps://hdl.handle.net/20.500.12684/13866
dc.identifier.volume51en_US
dc.identifier.wosWOS:001224096100001en_US
dc.identifier.wosqualityN/Aen_US
dc.indekslendigikaynakWeb of Scienceen_US
dc.institutionauthorErdogan, Suaten_US
dc.language.isoenen_US
dc.publisherIlahiyat Bilimleri Arastirma Vakfien_US
dc.relation.ispartofBilimnameen_US
dc.relation.publicationcategoryMakale - Uluslararası Hakemli Dergi - Kurum Öğretim Elemanıen_US
dc.rightsinfo:eu-repo/semantics/openAccessen_US
dc.subjectIslamic Lawen_US
dc.subjectMuhammaden_US
dc.subjectCrimeen_US
dc.subjectPunishmenten_US
dc.subjectInsulten_US
dc.titleThe crime and punishment of non-Muslims for insulting the propheten_US
dc.typeArticleen_US

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