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İslam Hukuku ve Türk Ceza Kanunu Açısından Hırsızlık Suçunun Mukayeseli Bir Analizi
Theft is a crime as old as human history and appears in every society in different methods and types. People strive to protect their properties as much as they take care of their own lives, dignities and prides. Therefore, in every period, the lives as well as the properties of every individual in the society are legally protected with the laws and the rules set by higher authorities against the unjust offense and attacks. Although, there are different approaches in the nature and the quantity of the property subject to theft crime in the legal systems that have been regulated from history to the present, some sanctions have been imposed against the crime of theft. In this study, a comparative analysis of the conditions necessary for the occurrence of the crime of theft and the sanctions envisaged in the event of its occurrence was carried out on the basis of both Islamic law and the Turkish Penal Code. In this way, the similarities as well as the differences between the two legal systems at different times have been systematically revealed. Accordingly, although there are similarities between the two legal systems in terms of the formation of the crime of theft, it has been determined that there are differences in the penalty prescribed for the crime.

Islamic Law, Turkish Penal Code, Theft Crime, Legal Consequence, Punishment.

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