The crime of iskat-i cenin in the Ottoman criminal law
2024
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Advisor: Prof. Dr. Esra Yakut
Abstract (EN)
The main purpose of our study is; historically, the crimes related to miscarriage are evaluated from a criminal law perspective and especially the determination of the Ottoman practice on this issue. In this context, religious views on abortion are included; A comprehensive evaluation has been made within the framework of perspectives on the subject, especially in monotheistic religions. The historical development of crimes related to aborting a child is included, and the regulations of the legislators on this issue from the oldest written documents to the present are explained. Immediately afterwards, the regulations regarding the condition of the unborn child and its abortion in today's Turkish legislation were examined. A large part of our study consists of the Ottoman criminal law dimension of abortion in the Classical period and the post-Tanzimat period. Here; about the crimes related to miscarriage, especially in the sense of Ottoman criminal law, by including the legal regulations on the subject created in the Ottoman Empire, the methods of committing crimes in practice, by whom they were committed, who the victims were, the types of sanctions imposed on those who committed the crime, the perspective of the society and the legislator towards these crimes evaluation has been made. In the conclusion, the perspectives of religions, the practices of other civilizations in history and the current situation are compared with the practices and regulations in the Ottoman Empire; the sources of these regulations and their development throughout the historical process have been identified.
Author
Dr. Samet Sarıkaya
How to Cite
Samet Sarıkaya (Master Thesis). The crime of iskat-i cenin in the Ottoman criminal law, 2024, Anadolu University.
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