Legal Maxims in Ottoman Law (Literature and Functions)

Yasin Yılmaz

Makale detayları

Legal Maxims in Ottoman Law (Literature and Functions)

Yazarlar:

Yasin Yılmaz

Yayıncı:

Istanbul University

Ana Başlıklar:

Law in Context (Other)

Dergi:

Annales de la Faculté de Droit d’Istanbul Issue 76, pp.81-111

Belge Tipi:

Makale

Yayın Tarihi:

7/2025

Belge Dili:

İngilizce

Document ID (Org No.):

2001355357

pISSN:

0578-9745

Anahtar kelimeler:

Özet:

 The article provides a comprehensive overview of the literature and role of qawāid legal maxims in Ottoman law. It begins by categorizing qawāid literature into classical and Tanzimat periods. The legal maxims literature of Ottoman period began with the transmission of Ibn Nujayms 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 qawāid literature through commentaries, translations, and independent texts. The article then delves into the influence of qawāid on the development of the new legal system during the Tanzimat period. Qawāid 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 qawāid in both the traditional sharia courts and the newly established Ottoman Nizāmiye courts. It also explores the role of qawāid in the Turkishs development as a legal language and the dissemination of legal culture to various segments of society. Overall, the article highlights the multifaceted role of qawāid in the Ottoman legal system, from their foundational contributions to their influence on legal education, practise, and language development.

 The article provides a comprehensive overview of the literature and role of qawāid legal maxims in Ottoman law. It begins by categorizing qawāid literature into classical and Tanzimat periods. The legal maxims literature of Ottoman period began with the transmission of Ibn Nujayms 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 qawāid literature through commentaries, translations, and independent texts. The article then delves into the influence of qawāid on the development of the new legal system during the Tanzimat period. Qawāid 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 qawāid in both the traditional sharia courts and the newly established Ottoman Nizāmiye courts. It also explores the role of qawāid in the Turkishs development as a legal language and the dissemination of legal culture to various segments of society. Overall, the article highlights the multifaceted role of qawāid in the Ottoman legal system, from their foundational contributions to their influence on legal education, practise, and language development.

 The article provides a comprehensive overview of the literature and role of qawāid legal maxims in Ottoman law. It begins by categorizing qawāid literature into classical and Tanzimat periods. The legal maxims literature of Ottoman period began with the transmission of Ibn Nujayms 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 qawāid literature through commentaries, translations, and independent texts. The article then delves into the influence of qawāid on the development of the new legal system during the Tanzimat period. Qawāid 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 qawāid in both the traditional sharia courts and the newly established Ottoman Nizāmiye courts. It also explores the role of qawāid in the Turkishs development as a legal language and the dissemination of legal culture to various segments of society. Overall, the article highlights the multifaceted role of qawāid in the Ottoman legal system, from their foundational contributions to their influence on legal education, practise, and language development.

 The article provides a comprehensive overview of the literature and role of qawāid legal maxims in Ottoman law. It begins by categorizing qawāid literature into classical and Tanzimat periods. The legal maxims literature of Ottoman period began with the transmission of Ibn Nujayms 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 qawāid literature through commentaries, translations, and independent texts. The article then delves into the influence of qawāid on the development of the new legal system during the Tanzimat period. Qawāid 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 qawāid in both the traditional sharia courts and the newly established Ottoman Nizāmiye courts. It also explores the role of qawāid in the Turkishs development as a legal language and the dissemination of legal culture to various segments of society. Overall, the article highlights the multifaceted role of qawāid in the Ottoman legal system, from their foundational contributions to their influence on legal education, practise, and language development.

Makale detayları

Legal Maxims in Ottoman Law (Literature and Functions)

Yazarlar:

Yasin Yılmaz

Yayıncı:

Istanbul University

Ana Başlıklar:

Law in Context (Other)

Dergi:

Annales de la Faculté de Droit d’Istanbul Issue 76, pp.81-111

Belge Tipi:

Makale

Yayın Tarihi:

7/2025

Belge Dili:

İngilizce

Document ID (Org No.):

2001355357

pISSN:

0578-9745

Islamic law (al-fiqh)

Ottoman law

legal maxims

qawā‘id literature

qawā‘id thought

dhawābit

Tanzimat period

Sayı

Makale detayları

Yazarlar: Yasin Yılmaz

Yayıncı: Istanbul University

Ana Başlıklar: Law in Context (Other)

Dergi: Annales de la Faculté de Droit d’Istanbul Issue 76, pp.81-111

Belge Tipi: Makale

Yayın Tarihi: 7/2025

Belge Dili: İngilizce

Document ID (Org No.): 2001355357

pISSN: 0578-9745

Sayı

Yazarlar:

Yasin Yılmaz

Yayıncı:

Istanbul University

Ana Başlıklar:

Law in Context (Other)

Dergi:

Annales de la Faculté de Droit d’Istanbul Issue 76, pp.81-111

Belge Tipi:

Makale

Yayın Tarihi:

7/2025

Belge Dili:

İngilizce

Document ID (Org No.):

2001355357

pISSN:

0578-9745