THE EVALUATION OF THE PROVISIONS RELATED TO CRIMINAL LAW ON THE COURT RECORDS OF ADANA RELIGIOUS COURT

Abstract

Author(s): mer KORKMAZ

One of the allegations raised today is, though not common, in the Ottoman society, the Islamic law wasn't implemented as the law system. According to those who have raised the allegations, the law that was implemented in the Ottoman society was a law different from the Islamic law and was in a nature to have been considered as an alternative to it. To determine the accuracy of such allegations, one must revise the corpus and the codes which reveal the legal structure of the Ottoman Empire. More precisely, it is compulsory to evaluate the registries of Sharia being practices of the legislation and comparison with theoretical knowledge on the practical examples of the works of fiqh or identifying the source of canon law works is a must. Studies on this subject will demonstrate the link between Islamic law and Ottoman law and will help us intecpretate the distinction made between customary law and jurisdictional law related to the Ottoman law. In this context, the book of Adana Sharia registry numbered 14 including the court records of the years 1143/1730 and 1144/1731 has a rich content in economic, social and administrative aspects. This study aims to determine the relationship between the Ottoman law and Islamic law on the basis of aforementioned book of criminal law provisions.

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