Means of proof in the Tanzimat Period Ottoman law
2022
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Danışman: Dr. Öğr. Üyesi Aybars Pamir
Özet (EN)
Testimony, confession, oath and evasion of oath are mainly the four means of proof in the Islamic law. These had been adopted by the classical period Ottoman law likewise and had been implemented without any considerable change. However, essential amendments made in the Tanzimat period. Namely, as for the trials in the sharia courts, Mecelle's books of procedure has been promulgated and also a spesific regulation enacted later, in 1917. Besides, as for the nizamiye court trials, firstly the commercial procedural code has been made and then, two different procedural code had been enacted in the same year both for the civil and criminal cases. As because the last three regulations were mainly western based, significant reforms get involved in the Ottoman law system. The means of proof in the classical period of Ottoman law which had been implemented about five hundred years has been examined in the first section of the study. The means of proofs within the scope of the above-named legal regulations have been studied in the latter sections. Meanwhile it has been tried to make a comparison between classical and Tanzimat period. Thus, it is tried to present a comprehensive study about the means of proof's structure in the Tanzimat period Ottoman law.
Yazar
Yasemin Kurtoğlu
Bu Yayına Nasıl Atıf Yapılır
Yasemin Kurtoğlu (Doctorate thesis). Means of proof in the Tanzimat Period Ottoman law, 2022, Bursa Uludağ Üni̇versi̇ty.
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