In this article we tried to find the sources of judgement in Ottoman Law in accordence with Shaykh al-Islam Sadeddin Efendi's fatwas. The sources we found that designate the judgement are: fatwa, will of sultan, custom, discretion of judge and endower's condition. The Ottoman Scholars adopted for the judges the principle of handing out a decision in accordance with the comment which has been taken as a basis whitin the Hanafi fiqh. It needs to be spelled out that the will of the sultan which is forming the statutory part of the Ottoman law system is playing an important role as a source in judgement. Besides the two mentioned before it may be said, even if to be subsidiary, the discretion of the judge and custom created a recource for jurid...
Istihsan(juristic preference) deviates from and sometimes contradicts well-established general prece...
Resumé Development and differentiation islamic law in countries of the Middle East Islamic law influ...
This manuscript is a commentary on a book originally written by Imam Abu Hassan Aliyi Ibn Khasim a-Z...
Ankara : The Department of History and Institute of Economics and Social Sciences, Bilkent Univ., 19...
Legal decision, as an answer to issues of believers-Muslims, in accordance with Sharia Law, in oral ...
Ottoman Turkey is a country based on Islamic Shari'a in which all cases that will decide must refer ...
An academic division still persists between Ottoman and Islamic legal studies. In the past, the form...
For every knowledge and art, its principles play a pivotal role in understanding it. That’s why its ...
Due to the formation and existence of conflicts in human societies from the distant past until now, ...
This article examines the influence of the Hanafi philosophy of the Mamluk period on the early Ottom...
This paper considers fratricide in the Ottoman Empire from the Islamic/ Ottoman Law viewpoint. The e...
When dealing with Ottoman judges and judicial authorities, Frankish merchants and diplomats, but als...
While the Prophet was alive, the companions had consulted to him personally for the solution of ever...
Grounds of Judgment (GoJ) is something that needs to be done by the Honorable Judge (HJ) based on th...
At the intersection of religion, law, and the state lies the opportunity to explore the impact of th...
Istihsan(juristic preference) deviates from and sometimes contradicts well-established general prece...
Resumé Development and differentiation islamic law in countries of the Middle East Islamic law influ...
This manuscript is a commentary on a book originally written by Imam Abu Hassan Aliyi Ibn Khasim a-Z...
Ankara : The Department of History and Institute of Economics and Social Sciences, Bilkent Univ., 19...
Legal decision, as an answer to issues of believers-Muslims, in accordance with Sharia Law, in oral ...
Ottoman Turkey is a country based on Islamic Shari'a in which all cases that will decide must refer ...
An academic division still persists between Ottoman and Islamic legal studies. In the past, the form...
For every knowledge and art, its principles play a pivotal role in understanding it. That’s why its ...
Due to the formation and existence of conflicts in human societies from the distant past until now, ...
This article examines the influence of the Hanafi philosophy of the Mamluk period on the early Ottom...
This paper considers fratricide in the Ottoman Empire from the Islamic/ Ottoman Law viewpoint. The e...
When dealing with Ottoman judges and judicial authorities, Frankish merchants and diplomats, but als...
While the Prophet was alive, the companions had consulted to him personally for the solution of ever...
Grounds of Judgment (GoJ) is something that needs to be done by the Honorable Judge (HJ) based on th...
At the intersection of religion, law, and the state lies the opportunity to explore the impact of th...
Istihsan(juristic preference) deviates from and sometimes contradicts well-established general prece...
Resumé Development and differentiation islamic law in countries of the Middle East Islamic law influ...
This manuscript is a commentary on a book originally written by Imam Abu Hassan Aliyi Ibn Khasim a-Z...