Sürdürülebilir Kalkınma Amaçları

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• MakaleAçık Erişim2021/r/bayburt/14361
  Comparison of Post-Tanzimat Ottoman Law and Turkish Positive Law in terms of Insult

  Kizilay, Muhammed Emin

  Legal systems aim to protect a person's reputation as well as their material assets. Due to the place where Islam has positioned human beings, fiqh has also revealed norms that will protect human honor. Based on these norms for centuries in the field of judiciary, the Ottoman Empire began to legislate these norms with the influence of the West. In this context, attacks on human honor were also included in the texts of the law, and the courts were asked to handle the cases within the framework of these laws. In the laws, it is seen that insult crimes are regulated in accordance with the classical Hanafi fiqh. However, in law making, fiqh was used less by time, and Western systematics was taken as a basis in the division of crime. In today's Turkish positive law, it is seen that the crime of insult, which is regulated within the crimes against honor, also follows this systematic and is influenced by the Ottoman positive law. In this study, the crime of insult will be discussed comparatively over the successive Hanafi fiqh, the laws of the Tanzimat period, the old Turkish Penal Code in some subjects and today's Turkish Penal Code laws.

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  AtıfWoS1·OpenAlex4·TR Dizin3

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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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  AtıfOpenAlex3·TR Dizin1

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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.

  AtıfTR Dizin1

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• MakaleAçık Erişim2021/r/bayburt/14359
  Sexual Assault Crimes in Ottoman Empire: 1869 Vakayi-i Zabtiye Newspaper Sample

  Kizilay, Muhammed Emin

  In the period following the Tanzimat era, innovation and change movements were experienced in Ottoman Empire. The reflection of this innovation and change in the judicial system was establishment of new courts and the fact that the authority to rule cases in certain matters of classical fiqh was given to these courts. However, it is not easy to reach the records and archives of these courts, and moreover, because the classification of the archive was not subject-based, the desired studies cannot be done theoretically. Vakayi-i Zabtiye, a newspaper that started to be published since the press became widespread due to the innovations caused by the Tanzimat Era, makes a significant contribution in overcoming this problem. This newspaper, which was published with the aim of publicizing case records, makes it easy to reach the case records of the time. In the newspaper, the records of criminal cases ruled in Istanbul courts were published as summaries. The records show that sexual assaults, from which our society still suffers, were quite common in the period when the newspaper was published. In the study, the crimes which are considered within the scope of sexual assaults in Ottoman positive law as comparatively with Turkish positive law will be analysed over the case records and the law texts referred in these texts. In this way, it will be understood that the legal parlance we have today started to emerge in times when this newspaper was published, and that after the Tanzimat Era, a change which is fast and partly desired was experienced in the judicial system.

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  AtıfOpenAlex1·TR Dizin2

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