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Zekeriyazâde Yahyâ's contributions to the Ottoman waqf law‎

2025
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Advisor: Prof. Dr. Süleyman Kaya

Abstract (EN)

In this study, the fatwas of Shaykhulislam Zekeriyazāde Yahyâ Efendi, a distinguished name of ‎the Ottoman Empire who lived in the 17th century and who can be considered as a milestone of ‎his period, on the law of waqf are examined comparatively. We chose Zekeriyazāde Yahyā ‎Efendi (d. 1644) because he was one of the two sheikhulislams whose fatwas were most ‎frequently consulted and because he was one of the sheikhulislams whose fatwa collections were ‎compiled the most. He held the office of mashihat for a total of 18 years during the reigns of three ‎sultans.‎ In this study, the important issues of waqf law such as "The Necessity and Validty of Waqf", ‎‎"Zürrî Waqfs" and "Leasing Procedures of Waqf Properties" are discussed in three separate ‎chapters. Zekeriyazāde Yahyā Efendi's views are presented comparatively within the framework ‎of the views of the preceding (Ibn Kamal, Çivizāde Muhyiddin Mehmet Efendi, Ebussuûd Efendi, ‎Sunullah Efendi, Hoca Sâdeddin Efendi, Hocazāde Esad and Mehmed Efendis) and following ‎‎(Minkarizāde Yahyâ Efendi, Çatalcalı Ali Efendi, Feyzullah Efendi, Yenişehirli Abdullah Efendi) ‎sheikhulislams. ‎ It has been determined that Zekeriyazāde played a key role in the construction of provisions that ‎fundamentally shaped waqf law and were applied for many years, mostly in the field of ‎‎"Ijāreteyn" related to the leasing procedures of waqf properties. It has been determined that there ‎were no fatwas before him on many issues, and that he shaped Ottoman waqf law with his fatwas ‎and had a special position. Although Yahyā Efendi also had important contributions in other ‎chapters, we can say that his main influence on Ottoman waqf law is seen in the title of Ijareteyn.‎

Author

Dr. Nuray Sarman

How to Cite

Nuray Sarman (Doctorate thesis). Zekeriyazâde Yahyâ's contributions to the Ottoman waqf law‎, 2025, Sakarya University.

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