The article provides a comprehensive overview of the literature and role of qawā‘id (legal maxims) in Ottoman law. It begins by categorizing qawā‘id literature into classical and Tanzimat periods. The legal maxims literature of Ottoman period began with the transmission of Ibn Nujaym’s (d. 1563) al-Ashbāh to the Ottoman centre. Later on, this literature was continued with the original works of Nāzirzāde (d. 1651) and Khādimī (d. 1762). While the classical period produced foundational works, the Tanzimat era witnessed a surge in qawā‘id literature through commentaries, translations, and independent texts. The article then delves into the influence of qawā‘id on the development of the new legal system during the Tanzimat period. Qawā‘id became central to legal education. They played a significant role in shaping the production of legal knowledge. Their impact is evident in the evolving Islamic law, modern legal writing, new maximization efforts, and political-legal debates. In the practical realm, the article examines the application of qawā‘id in both the traditional sharia courts and the newly established Ottoman Nizāmiye courts. It also explores the role of qawā‘id in the Turkish’s development as a legal language and the dissemination of legal culture to various segments of society. Overall, the article highlights the multifaceted role of qawā‘id in the Ottoman legal system, from their foundational contributions to their influence on legal education, practise, and language development.
Islamic law (al-fiqh) Ottoman law legal maxims qawā‘id literature qawā‘id thought dhawābit Tanzimat period
This article is summarized from my PhD thesis titled “Osmanlı Hukukunda Külli Kaideler (Felsefi Temelleri, Literatürü ve Tezahürleri)”. I sincerely thank my advisor Prof. Dr. Fethi Gedikli and Asst. Prof. Ali Adem Yörük.
Birincil Dil | İngilizce |
---|---|
Konular | Hukuk (Diğer) |
Bölüm | Araştırma Makalesi |
Yazarlar | |
Yayımlanma Tarihi | 24 Temmuz 2025 |
Gönderilme Tarihi | 30 Ağustos 2024 |
Kabul Tarihi | 24 Temmuz 2025 |
Yayımlandığı Sayı | Yıl 2025 Sayı: 76 |