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From Shari'i law to modern law: Reforms and reactions

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2024
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Abstract (EN)

The transition from a Sharia-based legal system to a secular legal framework in the Ottoman Empire is a key aspect of its modernization efforts in the 19th century. Following the Tanzimat reforms of 1839, the Empire sought to reform its legal system in response to internal challenges, external pressures, and the growing influence of Western legal concepts. This process aimed at replacing the traditional Islamic jurisprudence with more secular, codified laws that would treat citizens equally regardless of their religious affiliation. Key milestones in this transformation include the introduction of new civil and commercial codes, inspired by European legal systems, as well as the establishment of secular courts.However, this shift was met with resistance, particularly from religious authorities and conservative segments of society who viewed the reforms as a threat to Islamic principles. Despite these reactions, the legal modernization efforts continued, laying the groundwork for the secular legal system that would later dominate in the early years of the Turkish Republic. This thesis explores the evolution of the Ottoman legal system from Sharia to secular law, examining the social, political, and religious implications of this transition, as well as the reactions it provoked. The study also assesses the lasting influence of this transformation on the legal foundations of modern Turkey. Keywords: Secular Law, Sharia, Modernization, The Tanzimat, Reception

Author

Elif Hilal Teşdoğ

How to Cite

Elif Hilal Teşdoğ (Master Thesis). From Shari'i law to modern law: Reforms and reactions, 2024, İnönü University.

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