The development of the barrister institution in the ottoman judicial organization

One of the most important requirements of right to legal remedies is the right to defense. Recognition of the right to defence during the proceedings ensures that the trial is completed fairly. Parties to the case have the right to defend themselves. If a person thinks he / she cannot defend himself / herself or if someone is required to defend by another person, he / she will appoint a lawyer. Assigning one to another person for defence is called as the power of attorney. The appointed person is called as a lawyer. It has been seen that, from the ancient Greek and Roman to the Islamic states and to the Ottoman Empire where the legal system formed according to the principles of Islamic law, the attorney and the power of attorney took place in different ways. The aim of the thesis is to explain the concepts of attorney and power of attorney in Islamic law, which is mentioned in the jurisprudence books and goes back to the time of the Prophet (s.a.v.), then to examine the development process in the Ottoman Empire, which is an Islamic state. For this purpose, the thesis discusses attorneyship in the Ottoman judicial organisation in the Classical period of the Ottoman Empire and in the Tanzimat period, and the development and institutionalization process of attorneyship in the light of the regulations issued during the Tanzimat period.