The concepts of Diyanah and qadah in discussion of Islamic Law in the period of Second Constitution

Our thesis focuses on the concepts of Dıyanah and Qadah, which constitute one of the main subjects of the debates in the field of fiqh in the Second Constitutional Era, which emerged from the latest Ottoman legalization activities. Our thesis is introduced in an introduction and two chapters. The introduction section provides information about the importance of our thesis topic, limitation of the subject of the thesis, its presentation and the method followed in the thesis research. In the first part, 'Dıyanah' and 'Qadah' are examined at the conceptual level as they are in classical sources of fiqh and Fundamentals of Fiqh. This section deals with the theory of verdict and fatwa topics associated with the Thesis's title. İn the second part, the dıyanah-qadah separation process is taken into consideration with the historical background of political structuring of The Second Constitution and its previous ones. The renewal movements of Fiqh, formed by the discussions that began with the activities of codification in The Second Constitution, are discussed. In this context, the texts that the famous names of the intellectual world present with these modernization movements are limited to the concept of dıyanah and qadah. The articles released in the publications, which are studied by the concepts of dıyanah and qadah, which has obtained by Ziya Gökalp, Halim Sabit, Mustafa Şeref, Mansurizade Said and Izmirli Ismail Hakkı, are analyzed in a comparative manner.