The resources of general principles of Mecelle-i Ahkam-i Adliyye (Ottoman code of civil law) in hadith literature
2017
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Advisor: Prof. Dr. Muhammet Yılmaz
Abstract (EN)
In this study, we examine the primary resources of the basic principles of Ottoman Code of Civil Law in the literature of Hadith. It consist of two chapters. In the first chapter, we strive to find out the meaning of the concept of "the rules of Islamic jurisprudence" and to examine the formation process of this concept. Then, we dwell on what the concept of Sunnah means, it's value as a second resource of Islam and the relation of Sunnah with Fıqh. Beside that, we view legal structure of Ottoman Empire before Ottoman Code of Civil Law, and it's characteristics as a first law text of this empire. We give information about scholars who make contribution to studies of it's (Ottoman Code of Civil Law) codification. In the second chapter, we planned to classify the basic principle of Ottoman Code of Civil Law according to their subject and then, we saw that it is possible that all of ninety nine title of the basic principles to be collected under twenty two main title. After then, we viewed the basic resources of Islamic jurisprudence where these principles is compiled and we detected their position where they are located. Furthermore, we determined the meaning of these principles by means of benefiting from some annotations. Finally, we tried to determine foundations of these basic principles in Hadith literature by means of basing on the main Hadith resources that is firstly on al-Kutub-i Sitta and then on the others: al-Cami, al-Sunen, al-Musned, and al-Musannaf.
Author
Serkan Çelikan
Institution
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Serkan Çelikan (Doctorate thesis). The resources of general principles of Mecelle-i Ahkam-i Adliyye (Ottoman code of civil law) in hadith literature, 2017, Çukurova University.
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