PROOF VALUE OF MODERN SUBMISSIONS USED IN TURKISH LAW IN THE CONTEXT OF PROOF OF RIGHTS ACCORDING TO ISLAMIC LAW

Abstract

evaluated within the conceptual framework. The judge, who is engaged in legal activities, always needs such intermediaries in order to reach the material truth and to relax the public conscience. As a matter of fact, the presumptions detected at the crime scene, as if they were silent witnesses, play a major role in the judge's adjudicating and illuminating the event. In Modern Turkish Law, data obtained from both forensic medicine and other modern presumptions are widely used. In fact, forensic medicine is seen as the twin brother of law. In this study, we have tried to examine with its evidence what kind of legal value it has for Islamic Law, which is based on realizing this modern criminal justice, which ensures the protection of rights and the discovery of real perpetrators. As a source and method, we evaluated the modern presumptions in terms of the general view of the Islamic religion in the legal framework, that is, in terms of revelation, reason and social change. In the Islamic judicial system, we tried to reveal to what extent the judgment of the judge in civil and criminal cases of modern presumption is an evidence/mastery.