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From the Ottoman Empire to the Early Republic attorneys office in the period and the organization of the bar association

2023
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Advisor: Doç. Dr. Hasan Taner Kerimoğlu

Abstract (EN)

In our thesis titled "From the Ottoman Empire to the Early Republic Attorneys Office in the Period and the Organization of the Bar Association", we tried to examine what is understood when the word lawyer in the modern sense is based on the present day. Then, we found it appropriate to examine the reasons that reveal the rules of law. After our determinations and explanations on this subject, we have completed our explanations about the "right of defense", which is the right that enables the profession of attorneyship to emerge. Before giving information about the institution of law in the Ottoman geography, we were faced with the obligation to examine the development of the profession in the Western geography. This was due to the fact that the legal profession had historically become a professional profession in the West. After examining the development of the legal profession in the Western geography, we started to study the legal profession in Islamic Law. The fact that the Turks have been collectively subordinated to the religion of Islam since the 10th century and the main structure of the state organizations they established was based on Islamic Law caused our investigations to intensify in this direction. In the examinations we have made, we have determined that there are various mandate contracts in the field of Islamic Law, but in the sense of defense, the defense of the rights of the person or persons is regulated under the names "power of attorney to case", "power of attorney to enmity". We have collectively discussed the legal information about the power of attorney contract in Islamic Law. Then, we examined the judicial organization in Islamic Law and the role of attorneys in this organization. In the following process, the Ottoman Empire, which was established after the Anatolian Seljuks, built its state organizational structure on Islamic Law, just like its predecessors. However, the point that should not be overlooked here is that Turks continue to use the "Custom Law" system they have had for centuries within the framework of Islamic Law, which was criticized by Muslim Arabs for distorting the rules of Islamic Law by the Ottoman State and Muslim Turks due to the customary law system. In the Ottoman Empire, which was completely dependent on the principles of Islamic Law in the classical period, the provisions related to attorneyship were evaluated within the framework of the principles of Islamic Law. With the process that started with the Tanzimat Edict and called the Tanzimat Period, the rules of Islamic Law began to be abandoned and attorneyship began to be described as a professional profession, as in Europe. The Republic of Turkey, which was established after the end of the Ottoman Empire's life, made a fundamental break from the principles of Islamic Law in its state organizational structure and took the European Law acquis as its basis. As a result of this, the profession of lawyer, which started to be considered as a profession in the last period of the Ottoman Empire, became an institution in the real sense with the Republic of Turkey.

Author

Dr. Armağan Seçkin

How to Cite

Armağan Seçkin (Doctorate thesis). From the Ottoman Empire to the Early Republic attorneys office in the period and the organization of the bar association, 2023, Dokuz Eylül University.

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