Author
KAVALCIOĞLU, Abdullah
Publication Place
Siirt University -
Siirt University
Subject
Marifetname, 2023-12, Vol.10 (2), p.620-650
Type
Book
Language
ara,eng
Digital
Yes
Manuscript
No
Library
Leitir Library
Library Asset ID
ISSN: 2757-752X, DOI: 10.47425/marifetname.vi.1333337
Record ID
cdi_doaj_primary_oai_doaj_org_article_60f6f628e8444fda8fb1d172cbbc3eab
Library Location
DOAJ Directory of Open Access Journals
Notes
This work dates back to the 16th century. It deals with the principles determined by an Ottoman judge who lived in the 19th century regarding which of the conflicting instructions should be chosen. It is known that reaching a fair decision at the end of the trial is possible by carefully evaluating the evidence presented to the court. Because one of the most important issues to be considered in the trial is the evidence presented to the court, and the judge tries to reach a fair decision by evaluating this evidence. However, the main problem encountered at this stage is the presentation of conflicting evidence to the court by the parties to the case. In this case, reaching the right decision is only possible by choosing the evidence that will lead to the right decision among these conflicting evidence. In this study, the preference principles discussed by Vankulu Mehmet Efendi (d. 1000/1592) in his work titled Tercîḥu'l-beyyinât will be examined. As far as we can determine, this work is the first work that deals with the principles of preference among evidence. Vankulu Mehmet Efendi XVI. He is a scholar who lived in the 19th century Ottoman Empire and served as a professor, mufti and judge in different regions of the Ottoman Empire. The author has works in the fields of fiqh and language. His work named Tercîḥu'l-beyyinât is a work about which there has been no study until today. In this work, it is explained which of these evidence should be chosen in case of conflicting evidence presented by the parties in a case. In addition, this study will try to make determinations about the level reached in the trial procedure during the author's lifetime. Therefore, while discussing the subject, beyond analyzing the principles determined by the author in detail, it will be tried to determine which sources the author used to reach these principles. Thus, it will be tried to contribute to the understanding of the sources used by the Ottoman judge of the period when determining the principles of judgment. This work deals with principles determined by an Ottoman judge who lived in the 16th century about which of the contradictory verses should be chosen. It is known that it is only possible with a good evaluation of the evidence presented to the court in order to reach a fair decision. Because one of the most important things to pay attention is to the evidence presented to the court and the judge tries to reach a fair decision by evaluating this evidence. However, the main problem encountered at this stage is a presentation of contradictory evidence to the court by the parties of the case. In this case, reaching the right decision is only possible by choosing the method that will lead to the right decision among these conflicting methods. In this study, the preference principles that Vankulu Mehmet Efendi (D.1000/1592) discussed in his work called Uzmanul'l beyyinat will be examined. As far as we can determine, this work is the first to deal with the principles of choice among evidence. Vankulu Mehmet Efendi was a scholar who lived in the XVI-century Ottoman Empire and held important positions such as muderris, mufti and kaddish in different regions of the Ottoman Empire. The author has worked in the field of fiqh and language. His work Tercîḥu'l-beyyinât is a work about which there is no work until today. In this work, it is explained which of this evidence should be chosen if there is contradictory evidence presented by the parties in a case. In addition, with this study, it will be tried to make determinations about the level reached in the judicial procedure during the period in which the author lived. Therefore, while dealing with the subject, beyond analyzing the principles determined by the author in detail, it will be tried to determine which sources the author has reached these principles by referencing. Thus, it will be tried to contribute to the understanding of the sources used by the Ottoman qadi of the period while determining the principles of judgment.
Detaylı Başlık
Hâkimin Zor Kararı: Vankulu Mehmet Efendi’nin Tercîhu’l-Beyyinât’ı Çerçevesinde Delillerin Çakışması Durumunda Takip Edilecek Yöntem
