Marife Dini Araştırmalar Dergisi

Yazarlar: Mehmet KOÇ

Konular:Din Bilimi

DOI:10.33420/marife.517874

Anahtar Kelimeler:Ottoman Empire,Alcohol Consumption,Drunkenness,Hadd,Ta’zir

Özet: Wine drinking and drunkenness was considered as a crime in the Ottoman criminal law which largely involved the practice of Islamic criminal law. The distinction between wine and other drinks that is the criterion of the Hanafi Sect for determining the punishments to be given to the convicted criminal was also seen in Ottoman law. According to the vast majority of Islamic legal experts, the crime of drinking is a hadd crime. Therefore, hadd punishment should be given to the person who drinks. According to some others, this is a ta’zir crime and the offender should receive ta’zir punishment. The court records that will show the practice of the Ottoman criminal law regarding this topic that is disagreed about by Islamic legal experts include examples that could support either of these two views. These records show that sometimes hadd and sometimes ta’zir punishments were sentenced for the crime of drinking with established elemental and evidential clauses.

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