Celde, mahiyeti itibarıyla bedeni bir ceza olup İslam
hukukunda sıkça kullanılan bir ceza türüdür. Bu nedenle ceza infazında haddi
aşmamak ve mahkûma hak ettiğinden fazla ceza vermemek için celdenin infazında
kullanılacak aletin ne olduğunu tespit etmek önemlidir. Özellikle son dönemde
yayımlanan Ku’rân-ı Kerîm mealleri ile tercüme veya telif tarzındaki tefsir ve
fıkıh kitaplarının birçoğunda infaz aletinin değnek ya da sopa olduğu yönünde
bir kanaat vardır. Bu, hadis ve fıkıh metinlerinde yer olan mecâzî kullanımı
hakikat olarak algılamaktan kaynaklı hatalı bir kanaattir. Araştırmamızda,
bahsedilen bu hatanın sebepleri üzerinde durulmuştur. Celde, sopa ve değnek
kelimelerinin tahlilleri yapılmış, temsil kabiliyeti yüksek metinlerde celde
kelimesinin nasıl tercüme edildiğine dair örnekler verilmiştir. Klasik
sözlüklerde, temel fıkıh ve tefsir metinlerinde celde kelimesinin hangi anlamda
kullanıldığı ele alınıp celdenin hangi aletle infaz edilmesi gerektiği tespit
edilmeye çalışılmıştır. Ayrıca infaz aletinin ne olduğunu doğru tespit
edebilmek için celde cezasının nasıl infaz edilmesi gerektiği üzerinde durmak
gerekir. Bu nedenle araştırmada infazın nasıl yerine getirilmesi gerektiğinden
ve infaz anında nelere dikkat edileceğinden de bahsedilmiştir.
The
most important aim of punishing criminals is to prevent others from committing
the same crime again. This aim, which is known as general prevent (zecr-i âmm)
in Law, is the primary objective of the penalties in Islamic law. Because of
its influence on the realization of this aim, the Islamic penal law has created
the majority of penalties for physical punishments.
The celde in these
penalties is a kind of punishment which is appreciated in the face of many
crimes covered by hadd and ta’zir because of the faster and cheaper execution
of the punishment. The execution of such penalties, which cannot be compensated
for the damages that may arise as a result of being directed to the human body,
must be carried out with great precision. What is the tool to be used in the
execution of the Celde sentence, and what qualifications should be in the
execution of the execution is important to prevent the overthrow? Because it
will prevent the fulfillment of the intended aim with the execution of the
wrong tool or punishment or the guilty will be punished more than he deserves with the overcoming of
execution.
Celde word is used in dictionaries to hit with “sevt”.
The word of “sevt” means a whip. However, there is a conviction that most of
the books published in the Qur’an translations and the books in Islamic
jurisprudence and the Qur’anic exegesis, the word is translated as stick or
bat. In the case of a few pieces of work, the execution device in celde
sentence is stated as a whip. For this reason, it is inevitable for the reader
to be confused about what the execution tool is for the celde penalty when
reading through Turkish works.
However, there are big differences between the wand /
stick and the whip in terms of both the nature and the impacts on the body. The
purpose of this study is to investigate the origin of the mentioned problem and
to examine why the word has different meanings in Turkish works.
The study was started by analyzing the meaning of
words celde, stick and wand. It has been investigated the meaning of celde in
classical dictionaries, tafseers, hadith and fiqh books. Then, some examples of the word of celde
how translated into Turkish have been given in pioneer Qur’anic interpretations
and books of tafseer and hadith. In these translations, the wand and stick,
which are used as the equivalent of the words of “celde” and “sevt” have been
exemplified what exactly used in Turkish.
How it occurs the conviction in the tool to be used in
the execution of the celde sentence whether wand or stick is the basic question
of this study. As far as we have determined, the reason for this conviction is
the expression of “بسوط لا ثمرة له” “whip without fruit” in
the basic Hanafi jurisprudence texts.
The basis of this statement is the phrase of “بسوط جديد لم تقطع ثمرته” “a fresh whip uncut its fruit” in a hadith in Muvatta.
The word “ثمرة” in these phrases means, in the first sense, the knotty
part of the fruit or tree. However, when
looking at this word in depth, it is seen that the forked tip of the whip or
the protruding places in the skin of the whip are metaphorically used. The
metaphorical meaning of the word has not been taken into consideration in
relevant Turkish books, while
the words ”celde“ and ”sevt” were expressed as
wand and stick in literal meaning. When we look at the commentaries of the texts
in Hanafi fiqh and commentaries of Muvatta, it is clearly stated that this use
is figurative, and it is emphasized that the tool used in the execution of the
punishment is the whip.
In order to determine the exact
meaning of “celde” and “sevt” in the study, and to determine accurately what
the execution tool was, examples of how the execution of the execution of the
punishment in classical jurisprudence books were given. These examples show that the execution
tool is made of leather, not a wand or a stick.
For example, it is mentioned that the
purpose of the celde sentence is not to leave a trace in the body of guilty but
only to hurt him. It will be possible to create permanent marks on the body of
the guilty after the execution with hard objects such as wands or sticks.
However, when the whip is used in the
specified qualifications, the prisoner will not be permanently traced on his
body and will only be hurt.
In addition, as a result of the execution of
hard objects, the blows are likely to hit the prisoners' vital organs. In this
case, the guilty will be punished more than his punishment.
In conclusion, it is
understood that most of the translation and copyright works mentioned in the
research are not taken care of. When the metaphorical meaning of the phrase is
not taken into account, it is inevitable that strange translations are
revealed. It is seen that the
misunderstandings in the previous studies are repeated exactly when Turkish
interpretations are concerned. In addition, it is seen that the punishment is
not the punishment method, in which the guilty is conceived in modern minds as
remains in blood and he is brought to the wounds. In particular, when considering the issues to be taken
into consideration during the execution of the sentence, it is understood that
the prisoner is a human being, that all the measures are taken in order not to
damage his honor and glory, and even that measures are taken in order to
prevent the disclosure of genital locations in the body of the guilty at the
time of execution.
Primary Language | Turkish |
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Subjects | Religious Studies |
Journal Section | Research Articles |
Authors | |
Publication Date | June 20, 2019 |
Published in Issue | Year 2019 Issue: 12 |
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