Erciyes Üniversitesi Hukuk Fakültesi Dergisi

Öz

In the context of the purposes of punishment, various theories of pu-nishment have been put forward. While absolute theories of punish-ment see punishment as an end in itself, relative theories of punish-ment focus on the purpose of punishment to prevent crime and reha-bilitate the offender, and in this context, on its utilitarian aspect. On the other hand, the mixed theory asserts that punishment combines the purposes of penance/retribution, general and specific/individual prevention and rehabilitation. All the purposes of punishment are present in imprisonment, which is the main punishment method to-day. However, in order to realise the purposes of the punishment, it is necessary to ensure that prison sentences are effectively applied. While evaluating the sanctions of Islamic criminal law in the context of the purposes of punishment, the different types of punishment in this legal system should be considered separately. This is because different purposes of punishment come to the forefront in terms of the types of punishments in Islamic law, namely hadd punishments, retaliation/qisas and blood money/diyah punishments, and ta’zîr punishments. In hadd punishments, the penance and general preven-tion purposes of the punishment are at the forefront. These purposes are also at the forefront as for the retaliation and blood money pu-nishments, which are related to personal rights, and especially in terms of the death penalty, it cannot be said that the punishment has a specific prevention and rehabilitation purpose. On the other hand, in terms of the ta’zîr punishments, specific prevention and rehabilita-tion purposes of the punishment are at the forefront. However, diffe-rent types of penalties that can be applied as ta’zîr punishment may bring different purposes of punishment into the forefront.