Crimes against individuals in the Ottoman criminal law of the Tanzimat Period
2021
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Advisor: Doç. Dr. Ahmet Kılınç
Abstract (EN)
In this study, crimes against individuals are discussed in terms of Ottoman criminal law in the Tanzimat period. Looking at the historical process, it is seen that crimes and punishments against individuals have existed in the Ottoman Empire for a long time, as in every state. However, in the literature, no detailed and comprehensive study has been found in terms of Ottoman criminal law in the Tanzimat period regarding the subject crimes. Based on concrete cases, evaluations have been made in relation to abstract approaches and attempts have been made to fill the gap in the literature. In the study, attention has been paid to the use of primary sources such as decrees, penal codes, annotations on the penal code prepared by the lawyers of the period and archive documents. In addition, the works in the teaching were also benefited. The results obtained as a result of the researches are as follows: When the Criminal Code of 1840, 1851 and 1858 published in the Tanzimat period are evaluated as a whole in terms of crime types, which is our thesis subject, it is seen that they are in an effort to complement each other as much as possible. The normative gap in the period when the Penal Code was in effect was filled by the application of Islamic law rules. In terms of crimes against individuals, which is the subject of the study, it was determined that the theory in Islamic law and the Ottoman criminal law practice in the Tanzimat period were in harmony with each other and regulations were made in this regard. In addition, it is seen that the provisions of the Criminal Code and the Islamic law rules are carefully applied to the types of crime mentioned by the judges who are the enforcers of the law.
Author
Davut Yıldırım
Institution
How to Cite
Davut Yıldırım (Master Thesis). Crimes against individuals in the Ottoman criminal law of the Tanzimat Period, 2021, Ankara Yıldırım Beyazıt University.
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