Master'sOpen Access

Classic period of the Ottoman legal system general structure

2019
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Advisor: Doç. Dr. Esra Yakut

Abstract (EN)

Any act and action in an Islamic State must comply with the law. This rule is the most fundamental principles of Islamic law. The dual structure of the Ottoman legal system should be approached in terms of the effect of this Islamic Law principle in the Ottoman Empire. It will be understood from the related perspective. If a transaction to be legitimate in the eyes of the public, it must be in compliance with the law. The Ottoman president is also influenced by this fundamental principle of Islamic Law, thus the sultan strives to establish a connection between his actions and actions and that of the law. The fear of linking this form, which is present in the structure of the Sultan, results in the fact that he avoids doing transactions that constitute severe contradiction to the Sharia. In fact the severe violation of the merits will break the form and eliminate the legitimacy of the process in the public eye. In order to ensure that the legitimacy does not disappear, at least the form of law must be taken into account to the extent that it is bound. In this case, it cannot be said that customary law is completely independent of the law. Undoubtedly, this conclusion is limited to the theory of Ottoman Law. The contradictions in practice are due to the lack of supervision mechanism. As ıt is known, the fact that supervisors are independent in legal systems is a prerequisite for the effectiveness of the audit. In the Ottoman legal system, the presence of forces unity and the lack of professional security of the officials in the supervisory authorities prevent the independence and therefore neutralize the control.

Author

Dr. Kamil Kısa

How to Cite

Kamil Kısa (Master Thesis). Classic period of the Ottoman legal system general structure, 2019, Anadolu University.

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