Hadler Bağlamında İslam Ceza Hukukunda İtiraftan Dönme ve Hâkimin Sanığa Bu Konuda Telkini

One of the main purposes of the purposes of Islamic Law is to protect certain values in order to sustain the existence of social life in order and order. These values are religion, life, generation, reason and possessions. Shari' put particular punishments for crimes committed against these values. These punishments are called hadd. In order to apply hadd (punishments) the crime must be proved without doubt. That’s why if there is doubt about the crime, the hadds can not be inflicted. Suspect's retraction of his confession is the main reason leads to the doubt. The jurists disagreed about whether the hadd become invalidated dues to a retraction of the confession. While the majority agreed that hadd is invalidated by the retraction of the confession, especially in the matters directly related to Allah, some claimed that they would not be invalidated. The majority adopted that the judge’s suggestion to the suspect retracting his confession is recommended. Nevertheless, it was also agreed that the hadd (punishment) of slandering and the penalty of killing cannot be invalidated by a retraction of the confession.Summary: One of the general purposes of Islamic Law comes the protection of certain values in order to sustain the existence of social life in order and order. These values are religion, life, generation, reason and goods. The protection of these values is the basic human rights. Because the happiness of man in the world depends on the preservation of these values. When these are not protected, the order of the society is degraded. Eventually, people lose their worldly happines as well as they lose their ethereally happines. For this reason, the Shariʿa (God) put particular penalties for crimes committed against these values.In Islamic Law, these certain penalties put by Shariʿa (God) are called hadd (pl. hadds). The Islamic jurists have divided legal punisments to six categories: punishment of adultery, punishment of stealing, punishment of slandering men, punishment of drinking alcohol, punishment of inebriation and punishment of cutting road, and they have called them al-hudūd al-hālisa. These punishments have been legitimized in order to provide a number of benefits to the servants, such as preserving the generations of people, their lives, their goods, their honor and their minds. According to Islamic law, in order to inflict these legal punishments, it is necessary to prove the crime so that there is no possiblity of doubt. Because if there is any