طرق إثبات الجريمة في النص القرآني دراسة تحليلية لمنهج اعتبار الأدلّة الظرفية (القرائن ) في سورة يوسف
Methods of Criminal Proof in the Qur’ānic Text: An Analytical Study of Circumstantial Evidence (Context/Indications) in Sūrat Yūsuf
Author(s): Medhet KorichiSubject(s): Criminal Law, Islam studies, Criminology, Qur’anic studies
Published by: Cumhuriyet Üniversitesi İlahyat Fakültesi
Keywords: Qur’ānic Exegesis (Tafsīr); Circumstantial Evidence; Qarāʾin; Sūrat Yūsuf; Enforced Disappearance; Sexual Harassment; Theft; Judicial Ruling;
Summary/Abstract: This study examines the Qurʾānic methodology for establishing criminal liability and rebutting accusations through an analysis of the use of circumstantial evidence (qarāʾin) in Sūrat Yūsuf. Such evidence does not prove the disputed event or alleged offense in a direct and explicit manner; rather, it enables the inference of the underlying reality through a set of external indicators, conditions, and contextual elements that are coherent and mutually reinforcing . The study aims to explore the rational, logical, and argumentative structure underpinning the Qurʾānic discourse in processes of proving crimes or dismissing allegations. It does so by focusing on three principal incidents narrated in Sūrat Yūsuf: the enforced disappearance to which Prophet Joseph (Yūsuf) was subjected; the alleged incident of sexual misconduct in which both parties—Joseph (Yūsuf) and the wife of al-ʿAzīz (commonly identified as Zulaykhā)—were implicated; and the accusation of theft directed at Benjamin. Against this backdrop, the research is motivated by the need to understand how the Qurʾān, particularly in Sūrat Yūsuf, deploys circumstantial evidence and to what extent such evidence is regarded as a valid basis for rebutting accusations, dispelling doubts, or establishing culpability. Accordingly, the study seeks to address the following central question: To what extent does the Qurʾānic discourse, as reflected in Sūrat Yūsuf, recognize circumstantial evidence as a legitimate means of proving criminal liability or removing suspicion? The findings indicate that the Qurʾān operates through an integrated network of interrelated evidentiary indicators—such as the presence of prior motive, patterns of subsequent conduct (for instance, the absence of denial), and material evidence (such as Joseph’s shirt)—to construct a reasoned judgment that reaches a high degree of certainty. This process does not necessarily depend on the availability of direct, conclusive proof . Methodologically, the study adopts a descriptive-analytical approach. Relevant narrative passages in Sūrat Yūsuf that involve elements of alleged wrongdoing are examined in detail; the relationship between circumstantial indicators and the narrated facts is analyzed; and the results are comparatively assessed in light of contemporary scholarship in Islamic legal theory and modern legal studies. The study concludes that the Qurʾānic approach to circumstantial evidence is characterized by precision, depth, and objectivity. Judgment is not grounded in a single, isolated indicator—regardless of its apparent strength—but rather in a constellation of mutually corroborating and coherent evidentiary elements. In this respect, the Qurʾānic model of reasoning constitutes a robust and reliable means of proof, one that, in its underlying principles, converges with key tenets of contemporary judicial systems.
Journal: Cumhuriyet İlahiyat Dergisi
- Issue Year: 30/2026
- Issue No: 1
- Page Range: 381-402
- Page Count: 22
- Language: Arabic
