VALIDITY OF THE PRINCIPLE OF LEGALITY IN TERMS OF FINES IN OTTOMAN CRIMINAL LAW BETWEEN 15TH AND 17TH CENTURIES

The principle of legality states that the rules of law are to be defined clearly and precisely. The principle is a guarantee of legal security in terms of individuals. In the field of criminal law, that principle indicates crime and sanction, foreseen in the provision, is certain. In the study, the issue of whether or not the principle is valid in terms of the fines that accepted in the Ottoman legal system has been examined. The issue is limited to the 15th and 17th centuries. Firstly, in the study, information about the principle of legality is given and then it is tried to evaluate whether or not there is the basis of the principle in Islamic-Ottoman law. The fact that fines are among the sanctions of ta’zir requires that the principle of legality be examined also in terms of ta’zirs. Whether fines are based on Islamic law; the characteristics of fines stated in codes enacted by the monarch under the customary law and whether or not the principle of legality is valid in terms of that punishment are among the other issues evaluated.