Hukuk-i Aile Kararnamesi in the context of the legislative activity of Ottoman law

In this thesis, it has been tried to determine to what extent the legislative activity carried out while creating the Hukuk-ı Aile Kararnamesi was carried out in accordance with the Ottoman Constitution and the shar'i law rules that ensure the legitimacy of the Ottoman law. In the first part, first of all, the terms related to the legislative activity are emphasized in order to understand the concepts correctly and the differences between them are explained. Then, it is explained how the "töre" in the old Turkish law, which has historical roots in Ottoman law, was created. Then, since Ottoman law is a legal system originating from Islamic law, the procedures and principles of Islamic law legislative activity are emphasized and the developments related to legislative activity in the history of Islamic law are given. In the second part, firstly, the relationship between the concepts of customary and shar'i law has been explained and it has been tried to determine by which legislative activity method the legislative activity products of Ottoman law were prepared. Then, by making a distinction between Classical and Tanzimat eras in Ottoman law, it was stated which persons and institutions the legislative authority belonged, and how the legislative activity was carried out in the legislative assemblies was explained. In the third chapter, first of all, information about the reasons for the preparation of the Hukuk-ı Aile Kararnamesi and its content is given. Then, the legislative activity procedure in Kanuni Esasi, which is the Ottoman Constitution, was explained. At the end, in the light of the information given, it has been tried to reveal how the Hukuk-ı Aile Kararnamesi is arranged in accordance with the principles and procedures of the legislative activity in the Legal Essence and Islamic law.