OSMANLI DEVLETİ’NİN İSLAM HUKUKUNA TESİRİ

Abstract

The last two periods in the history of Islamic law are The Period of Taqlid (Imitation) and The Period of Codification and New Ijtihad (jurisprudence). These periods, correspond to the Ottoman State’s period. According to the chronological period, Ottoman law has a dual distinction: the classical period and the post-Tanzimat period. During the taqlid period, which coincided with the classical period of the Ottoman State, many Fiqh books, annotations(haşiye), commentaries(şerh) and fatwa books were published. However, in the period the line of law created by the previous period was not exceeded. The Ottoman State placed emphasis on Shaykh al-Islam, applied “official (madhab) sect” and encouraged the formation of sultanic law. The period of codification and new Ijtihad coincides with the post-Tanzimat period of the Ottoman State. In this period when both domestic and western laws emerged and the official sect understanding was not carried out for all laws and modern-style laws were enacted. Distinct perspectives were discussed in the field of law, while some thinkers considered it necessary to codify western law/norms through the reception method; other lawyers have argued the codification of domestic legal rules. As a result, both views were reflected in practice, and this reflection created a dual legal system which caused some serious problems. The Ottoman state has a very significant place in the development of Islamic Law. The laws it enacted were implemented in other countries even after it collapsed, and the laws it prepared set an example for other Islamic states even in today.