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The development of fiqh thought in the context of commentary and glosses of Durar al-Hukkam

2022
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Advisor: Prof. Dr. Necmettin Kızılkaya

Abstract (EN)

From early times, jurists revealed their view by writing commentaries and glosses on a authoritative text. This scholarly tradition coming to the Ottoman period also directly affected the Ottoman fiqh works. Durar al-hukkam written in the last quarter of 15th century was one of the most annotated texts for the next three centuries by the effect of scholarly culture, the author's prestige, the reading of the text in the madrasa. In this process, starting with the risāla and ta'lîqāt from the beginning of the 16th century, various studies on Durar. In general, these studies which took place on the ground of the madrasa have been examined chronologically on the basis of the "adab al-qādī" to show the development in the Ottoman period jurisprudential thought. After the 16th century, the Ottoman judicial system gained a more systematic and hierarchical structure compared to the preceding period, the number of judges increased and in connection with this, complaints about judges were also voiced more loudly. This situation became a problem of justice for the Ottoman Empire the seat of caliphate. In the period from the 16th to the 18th century, glosses of Durar re-examined and updated the issues of adab al-kādī (court procedure) taking into account the effects and needs of the period.

Author

Dr. Betül Kara

How to Cite

Betül Kara (Doctorate thesis). The development of fiqh thought in the context of commentary and glosses of Durar al-Hukkam, 2022, İstanbul University.

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