Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| GENERAL STRUCTURE and PROCESS of OTTOMAN LAW | - | Spring Semester | 3+0 | 3 | 8 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | Third Cycle (Doctorate Degree) |
| Course Type | Required |
| Course Coordinator | Prof.Dr. Mehmet Akif AYDIN |
| Name of Lecturer(s) | Prof.Dr. Mehmet Akif AYDIN |
| Assistant(s) | Dr. Abdullah Musab Şahin |
| Aim | Examining the general structure and functioning of Ottoman Law, Discussing the classical period Ottoman Law within the scope of the course. |
| Course Content | This course contains; Main structure of legal system and differentiation of Sharia and Customary Law,Reasons behind emerging of customary law,Imperial decrees and its importance at Ottoman legal system,Courts at Ottoman legal system,Imperial Council and other supreme courts,enforcement of official sect,Fatwa’s effect on jurisdiction,Special groups; Non-Muslims,Special groups; Müstemen,Special groups; Slaves,Tanzimat era and westernization,Legislation movements at Tanzimat,Legal system at Tanzimat,Legal system after Ottoman Empire. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| Discuss the main structure of Ottoman legal system | 13, 9 | A, E, H |
| Summarize Sharia | 13, 9 | A, E, F, H |
| Summarize Customary Law | 13 | A, D, F, H |
| Summarize the emerge of Customary in the framework of Sharia | 10 | C, E, F, G |
| Discuss the legal structure of Ottoman | 9 | A, E, F, H |
| Summarize the Sharia Court | 9 | A, D, E, F, G |
| Summarize Imperial Council | 9 | A, C, D, F, G |
| Summarize Qadi 'asker Council | 13, 9 | A, C, D, K |
| Discuss the Ottoman Law system | 10, 21, 6 | |
| Summarize the Courts | 1, 9 | A, E, K |
| Summarize Imperial Council | 3, 9 | A, D, E |
| Discuss enforcement of official sect | 19, 2, 3, 9 | A, E |
| Summarize binding Qadi’s on a single sect | 1, 19, 3, 9 | A, E, K |
| Summarize the Hanafi sect practices at Anatolia and Rumelia | 1, 19, 4, 9 | A, H, K |
| Summarize other sects at MENA region | 1, 13, 23, 5, 9 | A, F |
| Discuss the relation between fatwa and jurisdiction | 1, 19, 4, 9 | A, E |
| Summarize Fatwa | 1, 3, 9 | A, H |
| Summarize Fatwa’s effect on jurisdiction | 13, 19, 9 | |
| 6. Discuss the sources of Ottoman legal system | 1, 4, 9 | A, E |
| 6.1. Summarize fiqh and fatwa magazines | 1, 10 | A, K |
| Summarize codes | 1, 10, 4 | A, F |
| Summarize Sharia Registry Books | 1, 23 | A, E |
| Discuss the Tanzimat era | 1, 2, 3, 9 | A |
| Summarize reasons behind Tanzimat | 1, 9 | A, G |
| Summarize emerging process of Tanzimat | 1, 2, 3, 5, 9 | A |
| Summarize results of Tanzimat | 1, 13, 16, 4, 9 | A, E |
| Discuss legislation movements at Tanzimat era | 1, 13, 4 | A, E |
| Summarize the imperial decrees | 1, 13, 2, 9 | A |
| Summarize the regulated legal system | 1, 9 | A, C, E |
| Discuss the legal reforms after Ottoman Empire | 13, 3, 4, 9 | A, G |
| Summarize the reasons behind reforms | 1, 13, 2, 9 | A |
| Summarize the legal reforms | 1, 13, 2 | A |
| Summarizes the factors affecting law reforms | 1, 3, 9 | A, E |
| Summarizes legal reforms | 1, 13, 3 | A, E, J |
| Teaching Methods: | 1: Mastery Learning, 10: Discussion Method, 13: Case Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 2: Project Based Learning Model, 21: Simulation Technique, 23: Concept Map Technique, 3: Problem Baded Learning Model, 4: Inquiry-Based Learning, 5: Cooperative Learning, 6: Experiential Learning, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam, C: Multiple-Choice Exam, D: Oral Exam, E: Homework, F: Project Task, G: Quiz, H: Performance Task, J: Peer Assessment Technique, K: Self Assessment Technique |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Main structure of legal system and differentiation of Sharia and Customary Law | The relevant sections in the sources must be read. |
| 2 | Reasons behind emerging of customary law | The relevant sections in the sources must be read. |
| 3 | Imperial decrees and its importance at Ottoman legal system | The relevant sections in the sources must be read. |
| 4 | Courts at Ottoman legal system | The relevant sections in the sources must be read. |
| 5 | Imperial Council and other supreme courts | The relevant sections in the sources must be read. |
| 6 | enforcement of official sect | The relevant sections in the sources must be read. |
| 7 | Fatwa’s effect on jurisdiction | The relevant sections in the sources must be read. |
| 8 | Special groups; Non-Muslims | The relevant sections in the sources must be read. |
| 9 | Special groups; Müstemen | The relevant sections in the sources must be read. |
| 10 | Special groups; Slaves | The relevant sections in the sources must be read. |
| 11 | Tanzimat era and westernization | The relevant sections in the sources must be read. |
| 12 | Legislation movements at Tanzimat | The relevant sections in the sources must be read. |
| 13 | Legal system at Tanzimat | The relevant sections in the sources must be read. |
| 14 | Legal system after Ottoman Empire | The relevant sections in the sources must be read. |
| Resources |
| Osmanlı Hukuku Devleti Aliyye'nin Temeli - İsam - 2021 |
| M. Akif AYDIN, Türk Hukuk Tarihi, Beta Yayınları, İstanbul 2012; Osmanlı Devletinde Hukuk ve Adalet, Klasik Yayınları İstanbul 2014, Related articles of Encyclopedia of Islam |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | PY1) In light of the current developments in the field of public law, develop and deepen the knowledge about the main sources, legislation and jurisprudence which related to the public law. | ||||||
| 2 | PY2) With understanding relationships among concept, institution and method that related to disciplines of public law, come up with original solutions by using knowledge requiring proficiency on analysis, synthesis and assessment of new and complex ideas. | X | |||||
| 3 | PY3) Evaluate and use new information within the public law in a systematic approach | X | |||||
| 4 | PY4) Evaluate innovative aproach an already known knowledge about public law or research and implement an original subject. | X | |||||
| 5 | PY5) Solve the problems encountered in the legal theory and practice by using research methods that specific to field of law. | ||||||
| 6 | PY6) Evaluate innovative aproach an already known knowledge about public law or carry out an independent study which needs expertise in the field of public law and its sub-disciplines. | X | |||||
| 7 | PY7) Develop different perspectives and take responsibility to solve complex issues which require expertise and encountered in the field of public law and its sub-disciplines. | X | |||||
| 8 | PY8) Develop new ideas and methods in the field of public law by using high level mental processes such as creative and critical thinking, problem solving and decision making. | X | |||||
| 9 | PY9) Defend original views when exchanging ideas in the field of public law and itssub-disciplines with professionals and communicate effectively by showing competence in the field. | X | |||||
| 10 | PY10)Ability to communicate and discuss orally, in written and visually with peers by using a foreign language at least at a level of European Language Portfolio C1 General Level. | ||||||
| 11 | PY11) Demonstrate functional interaction by using strategic decision making processes in solving problems encountered in the field of law. | ||||||
| 12 | PY12) With developing understanding of honesty, justice and ethics are required to be lawyer, teach around them. | X | |||||
| 13 | PY13)Contribute to the solution finding process regarding social, scientific, cultural and ethical problems in the field of law and support the development of these values. | X | |||||
Assessment Methods
| Contribution Level | Absolute Evaluation | |
| Rate of Midterm Exam to Success | 50 | |
| Rate of Final Exam to Success | 50 | |
| Total | 100 | |
| ECTS / Workload Table | ||||||
| Activities | Number of | Duration(Hour) | Total Workload(Hour) | |||
| Course Hours | 14 | 3 | 42 | |||
| Guided Problem Solving | 0 | 0 | 0 | |||
| Resolution of Homework Problems and Submission as a Report | 0 | 0 | 0 | |||
| Term Project | 0 | 0 | 0 | |||
| Presentation of Project / Seminar | 0 | 0 | 0 | |||
| Quiz | 0 | 0 | 0 | |||
| Midterm Exam | 1 | 98 | 98 | |||
| General Exam | 1 | 100 | 100 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 240 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(240/30) | 8 | |||||
| ECTS of the course: 30 hours of work is counted as 1 ECTS credit. | ||||||
Detail Informations of the Course
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| GENERAL STRUCTURE and PROCESS of OTTOMAN LAW | - | Spring Semester | 3+0 | 3 | 8 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | Third Cycle (Doctorate Degree) |
| Course Type | Required |
| Course Coordinator | Prof.Dr. Mehmet Akif AYDIN |
| Name of Lecturer(s) | Prof.Dr. Mehmet Akif AYDIN |
| Assistant(s) | Dr. Abdullah Musab Şahin |
| Aim | Examining the general structure and functioning of Ottoman Law, Discussing the classical period Ottoman Law within the scope of the course. |
| Course Content | This course contains; Main structure of legal system and differentiation of Sharia and Customary Law,Reasons behind emerging of customary law,Imperial decrees and its importance at Ottoman legal system,Courts at Ottoman legal system,Imperial Council and other supreme courts,enforcement of official sect,Fatwa’s effect on jurisdiction,Special groups; Non-Muslims,Special groups; Müstemen,Special groups; Slaves,Tanzimat era and westernization,Legislation movements at Tanzimat,Legal system at Tanzimat,Legal system after Ottoman Empire. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| Discuss the main structure of Ottoman legal system | 13, 9 | A, E, H |
| Summarize Sharia | 13, 9 | A, E, F, H |
| Summarize Customary Law | 13 | A, D, F, H |
| Summarize the emerge of Customary in the framework of Sharia | 10 | C, E, F, G |
| Discuss the legal structure of Ottoman | 9 | A, E, F, H |
| Summarize the Sharia Court | 9 | A, D, E, F, G |
| Summarize Imperial Council | 9 | A, C, D, F, G |
| Summarize Qadi 'asker Council | 13, 9 | A, C, D, K |
| Discuss the Ottoman Law system | 10, 21, 6 | |
| Summarize the Courts | 1, 9 | A, E, K |
| Summarize Imperial Council | 3, 9 | A, D, E |
| Discuss enforcement of official sect | 19, 2, 3, 9 | A, E |
| Summarize binding Qadi’s on a single sect | 1, 19, 3, 9 | A, E, K |
| Summarize the Hanafi sect practices at Anatolia and Rumelia | 1, 19, 4, 9 | A, H, K |
| Summarize other sects at MENA region | 1, 13, 23, 5, 9 | A, F |
| Discuss the relation between fatwa and jurisdiction | 1, 19, 4, 9 | A, E |
| Summarize Fatwa | 1, 3, 9 | A, H |
| Summarize Fatwa’s effect on jurisdiction | 13, 19, 9 | |
| 6. Discuss the sources of Ottoman legal system | 1, 4, 9 | A, E |
| 6.1. Summarize fiqh and fatwa magazines | 1, 10 | A, K |
| Summarize codes | 1, 10, 4 | A, F |
| Summarize Sharia Registry Books | 1, 23 | A, E |
| Discuss the Tanzimat era | 1, 2, 3, 9 | A |
| Summarize reasons behind Tanzimat | 1, 9 | A, G |
| Summarize emerging process of Tanzimat | 1, 2, 3, 5, 9 | A |
| Summarize results of Tanzimat | 1, 13, 16, 4, 9 | A, E |
| Discuss legislation movements at Tanzimat era | 1, 13, 4 | A, E |
| Summarize the imperial decrees | 1, 13, 2, 9 | A |
| Summarize the regulated legal system | 1, 9 | A, C, E |
| Discuss the legal reforms after Ottoman Empire | 13, 3, 4, 9 | A, G |
| Summarize the reasons behind reforms | 1, 13, 2, 9 | A |
| Summarize the legal reforms | 1, 13, 2 | A |
| Summarizes the factors affecting law reforms | 1, 3, 9 | A, E |
| Summarizes legal reforms | 1, 13, 3 | A, E, J |
| Teaching Methods: | 1: Mastery Learning, 10: Discussion Method, 13: Case Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 2: Project Based Learning Model, 21: Simulation Technique, 23: Concept Map Technique, 3: Problem Baded Learning Model, 4: Inquiry-Based Learning, 5: Cooperative Learning, 6: Experiential Learning, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam, C: Multiple-Choice Exam, D: Oral Exam, E: Homework, F: Project Task, G: Quiz, H: Performance Task, J: Peer Assessment Technique, K: Self Assessment Technique |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Main structure of legal system and differentiation of Sharia and Customary Law | The relevant sections in the sources must be read. |
| 2 | Reasons behind emerging of customary law | The relevant sections in the sources must be read. |
| 3 | Imperial decrees and its importance at Ottoman legal system | The relevant sections in the sources must be read. |
| 4 | Courts at Ottoman legal system | The relevant sections in the sources must be read. |
| 5 | Imperial Council and other supreme courts | The relevant sections in the sources must be read. |
| 6 | enforcement of official sect | The relevant sections in the sources must be read. |
| 7 | Fatwa’s effect on jurisdiction | The relevant sections in the sources must be read. |
| 8 | Special groups; Non-Muslims | The relevant sections in the sources must be read. |
| 9 | Special groups; Müstemen | The relevant sections in the sources must be read. |
| 10 | Special groups; Slaves | The relevant sections in the sources must be read. |
| 11 | Tanzimat era and westernization | The relevant sections in the sources must be read. |
| 12 | Legislation movements at Tanzimat | The relevant sections in the sources must be read. |
| 13 | Legal system at Tanzimat | The relevant sections in the sources must be read. |
| 14 | Legal system after Ottoman Empire | The relevant sections in the sources must be read. |
| Resources |
| Osmanlı Hukuku Devleti Aliyye'nin Temeli - İsam - 2021 |
| M. Akif AYDIN, Türk Hukuk Tarihi, Beta Yayınları, İstanbul 2012; Osmanlı Devletinde Hukuk ve Adalet, Klasik Yayınları İstanbul 2014, Related articles of Encyclopedia of Islam |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | PY1) In light of the current developments in the field of public law, develop and deepen the knowledge about the main sources, legislation and jurisprudence which related to the public law. | ||||||
| 2 | PY2) With understanding relationships among concept, institution and method that related to disciplines of public law, come up with original solutions by using knowledge requiring proficiency on analysis, synthesis and assessment of new and complex ideas. | X | |||||
| 3 | PY3) Evaluate and use new information within the public law in a systematic approach | X | |||||
| 4 | PY4) Evaluate innovative aproach an already known knowledge about public law or research and implement an original subject. | X | |||||
| 5 | PY5) Solve the problems encountered in the legal theory and practice by using research methods that specific to field of law. | ||||||
| 6 | PY6) Evaluate innovative aproach an already known knowledge about public law or carry out an independent study which needs expertise in the field of public law and its sub-disciplines. | X | |||||
| 7 | PY7) Develop different perspectives and take responsibility to solve complex issues which require expertise and encountered in the field of public law and its sub-disciplines. | X | |||||
| 8 | PY8) Develop new ideas and methods in the field of public law by using high level mental processes such as creative and critical thinking, problem solving and decision making. | X | |||||
| 9 | PY9) Defend original views when exchanging ideas in the field of public law and itssub-disciplines with professionals and communicate effectively by showing competence in the field. | X | |||||
| 10 | PY10)Ability to communicate and discuss orally, in written and visually with peers by using a foreign language at least at a level of European Language Portfolio C1 General Level. | ||||||
| 11 | PY11) Demonstrate functional interaction by using strategic decision making processes in solving problems encountered in the field of law. | ||||||
| 12 | PY12) With developing understanding of honesty, justice and ethics are required to be lawyer, teach around them. | X | |||||
| 13 | PY13)Contribute to the solution finding process regarding social, scientific, cultural and ethical problems in the field of law and support the development of these values. | X | |||||
Assessment Methods
| Contribution Level | Absolute Evaluation | |
| Rate of Midterm Exam to Success | 50 | |
| Rate of Final Exam to Success | 50 | |
| Total | 100 | |