Record and registers in Ibn mâze's book named al- Muhît al- Burhânî
2019
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Advisor: Prof. Dr. Hüseyin Esen
Abstract (EN)
This study consists of three parts. In the first part, it ıs given information about record and register concepts, Ibn Mace's life, family, knowledge level, works and his position in Hanafi sect. In the second part; there are valid 63 record and registries each of whıch deals with different legal issue. Some of them are: Heritage, preemption, ijâre and marriage contracts. Revealing thise records, the author firstly follows records then registers finally defend records if any. While documenting these records no official part is revealed until the part recorded in a way that will help the judge and the law is based on hypothetical here. In the Registry section, describing the provision the lawswit was being official and it was reported to sides. In these records the defendant sued the plaintiff for def case. In the third part, 66 records and registries not considered valid due to a malady have been examined. Here, because of the malady the claims of the plaintiff were not accepted. However, Kadi made a judgement paying attention to reasons of the malady which subject to the defend. We have listed these reasons of the malady in the conclusion part. In this study totally 129 records have been examined and translated. Section classification was made and it was depended on translated text highly. In our study of the work belonging to Karahans period, we think that records and registers translated in both Arabic and Persian are the first records in terms of order. As a result of our study we have observed that there are some works about records and registeriers in Ottoman period but there are not any study including Karahans period or before (m. 840-1212) In the final section, we evaluated important issues of the records and registiers and finished the study by transferring with their examples. Keywords: Ibn Mâze, record, register, al-Muhîtu'l-burhânî, Kadi, lawsuits, judgments.
Author
Dr. İbrahim Aydoğan
Institution
How to Cite
İbrahim Aydoğan (Master Thesis). Record and registers in Ibn mâze's book named al- Muhît al- Burhânî, 2019, Dokuz Eylül University.
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