Master'sOpen Access

Exile of punishment in Islamic Law and Ottoman Period application

2018
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Advisor: Dr. Öğr. Üyesi Mehmet Gayretli

Abstract (EN)

Exile, with the first meaning which comes to mind, is a concept that has a history as much old as the first human has. But, when associated with different concepts, it also includes wider meanings. In this respect, it makes it mention about itself even in the 21st century. How the exile's being practiced throughout history is really a manner of curiosity. However, there are not enough studies to illuminate this area. For this reason, this factor plays an important role while choosing the subject. In our work we have partly dealt with the exile throughout history. In the Ottoman Empire, the way in which exile and deportation were practiced, the relation of exile-housing was explained and we paid attention to this situation. Explaining the legal structure of the Ottoman State in the context of Islamic law as well as dealing with exiles in a legal point of view in the Ottoman Empire, we gave weight to the exiles in the 18th century Ottoman Empire. First we will consider the different meaning of the concept of exile. In this context, we will examine the exile in Islamic law, taking into account human. After these evaluations and explanations of Ottoman State's law structure, we will pass through to exiles as punishment sanction in Ottoman State. We have dealt with the exiles and the crimes which cause exiles in general-superficially throughout history. Later, in the Ottoman Empire, we presented the exile which in this case considered as punishment sanction by taking into account the comparative Islamic law and the Ottoman law together. Throughout history we have provided a collective information on the nature of the deportation and the application of the sentence of exile as punishment sanctions. In this study, we first applied to the Holy Qur'an the fundamental source of Islam. We also benefited from the practices of the sahabe and Hulefa-i rashidin. We have benefited from domestic and foreign sources related to the subject, the classical sources of Islamic law, the records of the Prime Ministry State Archives General Directorate of the Ottoman Archives Department, the edicts of Sultan, the fetva magazines belonging to the Ottoman Shaykh al-Islam and Ottoman qadi registers.

Author

Dr. Ahmet Oktar

How to Cite

Ahmet Oktar (Master Thesis). Exile of punishment in Islamic Law and Ottoman Period application, 2018, Erzincan Binali Yıldırım University.

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