The Comparison of the Types of Homicide in Contemporary Criminal Law and Hanafi School in terms of Material and Mental Elements

Abstract: The aim of this article is to show the differences between the types of homicide in Hanafi and contemporary criminal law in terms of material and mental elements. The effect of material and mental elements especially can be seen on the criminal responsibility. In this research, we support the thesis that the most important factor in determining criminal responsibility is the mental element in contemporary penal system and the material element in Hanefite law