Master'sOpen Access

Determination of principal-derivative relations in Majalla and its sources and classical-curent examples

2025
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Advisor: Prof. Dr. Recep Cici

Abstract (EN)

This study focuses on identifying the principal-derivative and dominantdependent relationships reflected in Islamic legal rulings within the context of the Mecelle and its sources. As a result of our research, it has been determined that sixteen universal principles and sixty-eight articles directly or indirectly encompass these relationships. In determining the principles and articles, the primary sources of our thesis include Ali Haydar Efendi's Dürerü'l-Hükkâm şerhu Mecelleti'l-Ahkâm, Serkiz Orpilyan's Miftâhu'l-Mecelle, which serves as a kind of index for the Mecelle, Ali Himmet Berki's Açıklamalı Mecelle, Kuyucaklızâde Mehmed Âtıf Efendi's Mecelle-i Ahkâm-ı Adliyye Kavâid-i Külliyye Şerhi and Muharrem Önder's Mûcez fi Şerhi Kavâidi'l-Mecelleti'l-Külliyye. Secondly, the identified principles and articles were examined in light of their sources in Hanafi jurisprudence literature, primarily through the two commentaries emphasized in our thesis: Ali Haydar Efendi's Dürerü'l-Hükkâm şerhu Mecelleti'lAhkâm and Mesud Efendi's Mir'ât-ı Mecelle. During the preparation of the thesis, works on the Mecelle written in Ottoman Turkish, Turkish, and Arabic were utilized. vii In conclusion, this thesis offers researchers working on the Mecelle a comprehensive view of the universal principles and legal articles reflecting the principal-derivative and dominant-dependent relationships, as identified, as well as access to various examples and explanations within the framework of the referenced commentaries. It also provides the opportunity to make comparisons between our two primary sources.

Author

Züleyha Çelik

How to Cite

Züleyha Çelik (Master Thesis). Determination of principal-derivative relations in Majalla and its sources and classical-curent examples, 2025, Fatih Sultan Mehmet Foundation University .

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