%0 Journal Article
%T Siyasa as a Way of Interpretation (Tawil) of Traditions Contary to the Systematic Madhhab Opinion in Hanafi Criminal Law
%A Muharrem Midilli
%J -
%D 2018
%X This article aims to show Hanaf£¿ jurists how use the term siyasa when dealing with some traditions which they find contrary to systematic madhhab opinion in criminal law. In order to achieve this aim, it has been necessary first to focus on the understanding of the term siyasa in Hanaf£¿ criminal law. In this context it is important to note that many Hanaf£¿ jurists associate the siyasa sanctions with the public authority¡¯s sole discretion. To associ-ate the siyasa with the public authority¡¯s own discretion allows them to refer to the term siyasa when dealing with some traditions which they find contrary to their own systems. Secondly the article analyzes many legal discussions where the term siyasa is used as a way of interpretation (tawil) in Hanaf£¿ fiqh books. In these discussions, although Hanaf£¿ jurists do not consider the siyasa in the development of systematic madhhab law, they accept it as a legitimate legislative field in principle. This approach shows that they deal with the Islamic law in two different categories as fiqh and siyasa
%K F£¿k£¿h
%K Hanef£¿ Mezhebi
%K Siyaset
%K Te¡¯vil
%K Ceza Hukuku
%U http://dergipark.org.tr/tid/issue/41962/505641