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Seven numbered retaliation(h.1273-1278 / p.c. 1857-1862)

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2007
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Abstract (EN)

To be able to reveal the judicial system or structre of law of a state, first of all, it is needed to examine the laws, form that law system and the constancy of court that have their working-out examples. Judicial system of Ottomans is divided in to two, as Islamic and custom. Howbeit one of the main sources of Ottoman Law System is religious, it?s inaccurate to qualify Otoman State as an Islamic one. If it had been so, Ottoman State shouldn?t have had any law except religious ones. Whereas it is seen that custom law preponderates. One can?t regard the close relation, with the formation of Islamic law and the politicial, administrative and judicial conditions, Otoman State in, for the revealing of Islamic law and custom law in Ottoman State. Ottoman State, that developped completely with special conditions in the geography it was, improved a law regulation except Islamic. We suppose that it?s not inaccurate to say that the main factor that stands Ottoman State more than six centuries in a geography that is the reachest on etnich, religious and cultural differences, but yet have the most problem, is the judicial structure and the type of execution. İn idea of mine, the most important point that Ottoman State has in this matter, is that it was established on a grounding law constitution and manipulation heritage. For this reason, the people that established this state didn?t have to establish a new make as in Roman Law. Anadolu Selçuklu, Büyük Selçuklu and Abbasi States that Ottoman State inherited political and cultural heritages in a great extent from, has a law method that mainly based upon Islamic Law except the latter one in a definite extent based upon old Turk-Mongolion law. Retaliation Punishments, is one of the worst punishments. Retaliation trials contain an area that absolute nearly no errors. If any mistake is fixed after the execution, the compensation of it would be impossible. In the 7 Numbered Retaliation Register we?ve examined, we?ll see that how Ottoman Judicial System tried just and fast

Author

Ali Turan

How to Cite

Ali Turan (Master Thesis). Seven numbered retaliation(h.1273-1278 / p.c. 1857-1862), 2007, Fırat University.

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