Hanefî Ceza Hukuk İlminde Sistematik Mezhep Görüşüne Aykırı Rivayetlerin Te’vil Yolu Olarak Siyaset

This article aims to show Hanafî jurists how use the term siyâsa 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 siyâsa in Hanafî criminal law. In this context it is important to note that many Hanafî jurists associate the siyâsa sanctions with the public authority's sole discretion. To associ-ate the siyâsa with the public authority's own discretion allows them to refer to the term siyâsa when dealing with some traditions which they find contrary to their own systems. Secondly the article analyzes many legal discussions where the term siyâsa is used as a way of interpretation (tawil) in Hanafî fiqh books. In these discussions, although Hanafî jurists do not consider the siyâsa 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 siyâsa.