Comparison of Post-Tanzimat Ottoman Law and Turkish Positive Law within the Framework of the Crime of Insult

Name: Comparison of Post-Tanzimat Ottoman Law and Turkish Positive Law within the Framework of the Crime of Insult
Author: RED CRESCENT, Muhammed Emin

Title	Comparison of Post-Tanzimat Ottoman Law and Turkish Positive Law within the Framework of the Crime of Insult
Author	RED CRESCENT, Muhammed Emin
Publication Place	Erzurum - Atatürk University Faculty of Theology
Subject	Crime
Type	Book
Language	ara,tur
Digital	Yes
Manuscript	No
Library:	Royal Danish Library
Library Asset ID	ISSN: 2458-7508, EISSN: 2602-3946, DOI: 10.29288/ilted.988166
Record ID	cdi_doaj_primary_oai_doaj_org_article_984d6dcf6e204dfe8abf26259a9d9e3b
Library Location	Central and Eastern European Online Library - CEEOL Journals, ProQuest Central
Notes	Legal systems aim to protect a person's spiritual existence as well as his material existence. Due to the place where Islam positions the human being, fiqh has set forth norms that will protect the spiritual existence of the human being. The Ottoman Empire, which relied on these norms in the field of judiciary for centuries, began to legislate these norms with the influence of the West. In this context, violations against human spiritual existence were also included in the legal texts, and the courts were asked to handle the cases within the framework of these laws. In the laws, it is seen that the crimes of insulting spiritual beings are regulated in accordance with classical Hanafi jurisprudence. However, over time, less use was made of fiqh knowledge in law making, and Western systematics was taken as basis in dividing the crime. It is seen that the crime of insult, which is regulated as "crimes against honor" in today's Turkish positive law, also follows this systematic and is influenced by Ottoman positive law. In the study, the crime of insult will be discussed comparatively through the classical Hanafi jurisprudence, which are successors to each other in the history of Turkish law, the laws of the Tanzimat Era, and on some issues, the old Turkish Penal Code and today's Turkish Penal Code.
Telif Hakkı	2021. This work is published under https://creativecommons.org/licenses/by-nc-nd/4.0/ (the “License”). Notwithstanding the ProQuest Terms and Conditions, you may use this content in accordance with the terms of the License.
Görüntüle	İlahiyat Tetkikleri Dergisi, 2021-12 (56), p.47-70

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Royal Danish Library

Comparison of Post-Tanzimat Ottoman Law and Turkish Positive Law within the Framework of the Crime of Insult

Author RED CRESCENT, Muhammed Emin

Publication Place Erzurum - Atatürk University Faculty of Theology

Subject Crime

Type Book

Language ara,tur

Digital Yes

Manuscript No

Library Royal Danish Library

Library Asset ID ISSN: 2458-7508, EISSN: 2602-3946, DOI: 10.29288/ilted.988166

Record ID cdi_doaj_primary_oai_doaj_org_article_984d6dcf6e204dfe8abf26259a9d9e3b

Library Location Central and Eastern European Online Library - CEEOL Journals, ProQuest Central

Notes Legal systems aim to protect a person's spiritual existence as well as his material existence. Due to the place where Islam positions the human being, fiqh has set forth norms that will protect the spiritual existence of the human being. The Ottoman Empire, which relied on these norms in the field of judiciary for centuries, began to legislate these norms with the influence of the West. In this context, violations against human spiritual existence were also included in the legal texts, and the courts were asked to handle the cases within the framework of these laws. In the laws, it is seen that the crimes of insulting spiritual beings are regulated in accordance with classical Hanafi jurisprudence. However, over time, less use was made of fiqh knowledge in law making, and Western systematics was taken as basis in dividing the crime. It is seen that the crime of insult, which is regulated as "crimes against honor" in today's Turkish positive law, also follows this systematic and is influenced by Ottoman positive law. In the study, the crime of insult will be discussed comparatively through the classical Hanafi jurisprudence, which are successors to each other in the history of Turkish law, the laws of the Tanzimat Era, and on some issues, the old Turkish Penal Code and today's Turkish Penal Code.

Telif Hakkı 2021. This work is published under https://creativecommons.org/licenses/by-nc-nd/4.0/ (the “License”). Notwithstanding the ProQuest Terms and Conditions, you may use this content in accordance with the terms of the License.

Görüntüle İlahiyat Tetkikleri Dergisi, 2021-12 (56), p.47-70