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Cumhuriyet Dönemi Türk Hukukçularının İslâm Hukuku Hakkında Yaptıkları Çalışmalara ve Yaklaşım Tarzlarına Genel Bakış

Year: 2024
Type: article
Abstract: Islamic law entered Turkish legal history with the adoption of Islam by the Turks and constituting a significant portion of Turkish legal history. Islamic law applied in other Turkish states was also applied in the Ottoman Empire. However, the changes and transformations that occurred after the Renaissance led to advancements in Western civilization in the fields of industry and technology, while the Ottoman Empire was unable to keep pace with these developments. During the Tanzimat period, the Ottoman Empire’s management elite seeking to ameliorate the nation's declining fortunes, sought inspiration from Western models, with the result that Western-style reforms influenced the legal system. Following the proclamation of the Tanzimat Edict in 1839, a series of legal innovations, including the adoption of Western-style laws, ensued. This period of legal transformation, initiated by the Tanzimat, culminated in 1926 with the complete acceptance of Western laws by the Republican administration, thereby severing ties with Islamic law. During Republican era, legal scholars conducted studies on Islamic law despite its non-application, addressing issues related to cases pertaining to former laws, comparative law studies, and illuminating Turkish legal history. However, some modern legal scholars, have expressed a nagative view Islamic law, perceiving it as an immutable legal system that fails to adapt to changing conditions. This perception is influenced by a number of factors, including reliance on orientalist sources, a lack of knowledge regarding Islamic law, and ideological and political considerations.In contrast, other modern jurists have come to the conclusion that Islmac law has a very developed law production mechanism and the capacity and dynamism to respond to the legal needs of societies. In their comparative studies, these these scholars have sought to demonstrate the degree to which Islamic law can be regarded as an advanced legal system in comparison to other system. Conversely, some legal scholars who acknowledge the value of Islamic law regard our new legal system as a continuation of traditional legal framework and have conducted studies in this direction.
Language: English
Open Access status: green
OpenAlex ID: W7055673874
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