Şuhûdü'l hâl in the Ottoman jurisdiction law
2021
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Advisor: Doç. Dr. Ahmet Kılınç
Abstract (EN)
In this study, the place of "şuhûdü'l hâl" in the Ottoman Jurisdiction Law have been discussed. There were delegations that had been performing similar tasks with "şuhûdü'l hâl" in the history. The reasons for the formation of these delegations ensured that the institution continued its existence in the Ottoman State. It is seen that studies on the subject are limited in the literature. In the research, fiqh, tafsir and hadith books, fatwa collections and sakk magazines, legal regulations were applied. Other studies in the doctrine have been benefited from and the main source has been records of courts. In the study, a perspective that reaches the part by reasoning from the whole is adopted. The Ottoman judicial organization and the kadı court, of which the institution was a part, were mentioned. It is seen that the duties belonging to previous delegations were share among different officials in the Ottoman judicial organization. It is aimed to distinguish the functions assumed by "şuhûdü'l hâl", through detecting the duties belonging to other officials. In Ottoman practice, it is observed that the institute included in two people at least. In addition recording the names of some people had been given priority. People from different segments of society could attend "şuhûdü'l hâl". These individuals are probablity to vary depending on the subject and parties of the case. Being present at the court, "şuhûdü'l hâl" who testified judicial activities and other legal procedures, provided publicity in judgment. The institution had also been effective in for kadı to act independently and impartially while making judgments. It is possible to say that the functions of the institution became more limitend and specific compared to previous applications. It is concluded that the functions undertaken by "şuhûdü'l hâl" in Ottoman practice are related to the basic principles of judgment. Keywords: "şuhûdü'l hâl", publicity, impartiality, supervision, testimony
Author
Merve Nur Öztürk
Institution
How to Cite
Merve Nur Öztürk (Master Thesis). Şuhûdü'l hâl in the Ottoman jurisdiction law, 2021, Ankara Yıldırım Beyazıt University.
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