Sürdürülebilir Kalkınma Amaçları

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• MakaleAçık Erişim2021Scopus SJRQ3/r/bayburt/16758
  Comparative Analysis of the Aggregation of Offences under Ottoman Criminal Law during the Modernization Period and Current Turkish Positive Law: A Case Study of Insult

  Kızılay, Muhammed Emin

  Under western influence, the Ottoman Empire began the practice of accumulation of legislation in its judicial system.\rThus, certain new concepts and technical issues, such as the aggregation of offences (ijtima), were coined in Ottoman\rlegal jargon. This concept, which attributes more than one crime to an individual, has similar meaning to tadahul in\rHanafi fiqh. However, there is a major difference between the two legal systems. Although the Ottoman judicial system\rgenerally tried to abide by Hanafi fiqh in its legislative activities during the Tanzimat period, it deviated from the fiqh\rsystem on some technical issues. To clearly consider this situation in practice, it is necessary to look at the court records\rof the period. Vakâyi-i Zabtiyye newspaper, which was in publication from 1286 to 1869, is an important source, as it\rcontains court records of the period. In this study, the aggregation system in the Ottoman Criminal Code, dated 1274–\r1858, which was in force at the time the newspaper was published, will be analysed. It will be compared with the case\rrecords under current Turkish positive law. The scope of the study is limited to the aggregation of offences through case\rrecords related to insult crime.

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• MakaleYalnız künye2021/r/bayburt/14769
  The development of the understanding of responsibility in fiqh in terms of compensation law, examination of two examples in the hanafī school

  Yildiz, Kemal; Kızılay, Muhammed Emin

  One of the biggest contributions in the formation of the science of fiqh belongs to Abu Hanifa and the fiqh school he set. In this school, many fiqh issues were discussed in detail and as a result of this, a systematic structure emerged. It acts causing harmful consequences in daily life and the provisions related to these actions are also discussed in this school. Thus, an accumulation with logical consistency has been created in the issues considered within the scope of liability law today. This accumulation has been passed on to the next generations by the students of Abu Hanifa’s school. During the transference, due to reasons such as the needs of people and changes in the mentality of ijtihad, the accumulation has both expanded and underwent some changes. We can see this expansion and change in the discussions on two examples of causal responsibility, which is one of the ways in which responsibility occurs in fiqh. These two examples, which form the subject of our study, are related to the responsibility of the person who opens the barn and cage door. In this study, through these two examples, it is tried to understand the Ḥanafī accumulation and logic in the context of the law of responsibility by tracing the expansion and change that occurred. There are a disputes regarding the examples based on the founding circle of the school. These disputes were dealt with by later Ḥanafī fuqaha’ in time and tried to be grounded with various evidence and different examples. As a result, one of the views was preferred and it became the dominant opinion in the school. However, this opinion changed over time concerning the founding imams themselves.

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