Kurulduğu günden beri İslam hukukunu uygulayan Osmanlı devleti, süreç içerisinde zamanın gerektirdiği düzenlemeleri yapmaktan geri durmamıştır. Osmanlı’da İslam hukukçularının fıkıh usulünün esasları doğrultusunda şer‘î kaynaklara dayanarak ürettikleri hukuka şer‘î hukuk, devlet başkanlarının fermanlarıyla oluşup kanunnâme adıyla yürürlüğe giren hukuka da örfi hukuk adı verilmiştir. Osmanlı’da yerleşmiş bu kanunnâme geleneğine rağmen Tanzimat dönemine kadar bir hukuk dalının bütününü içine alan bir kanunlaştırma faaliyeti olmamıştır. Tanzimat’tan sonra bir taraftan şer‘î ve örfî hukuktan oluşan milli hukuk tedvin edilirken diğer taraftan bazı (...) batılı kanunlar iktibas edilmiştir. Böylece hukukta bir ikilik meydana gelmiş ve Türk hukuk tarihinde yeni bir dönem başlamıştır. Biz bu makalemizde bu dönemde hazırlanan Kânûn-ı Esâsî’yi kaynak açısından ele alıp inceleyeceğiz. Bu çalışma ile çoğunluk tarafından Türk hukukunda ilk yazılı anayasa olarak kabul edilen Kânûn-ı Esâsî’nin ne derece Milli/İslam hukuku kaynaklı olduğunu ortaya koymayı hedeflemekteyiz. Önce “Kânûn-ı Esâsî’nin Hazırlanması” başlığı altında hazırlık aşamasındaki fikri ve siyasi süreçleri, ilanı sırasındaki gelişmeleri, hukuki mahiyeti ve muhtevasının ne olduğunu ifade edeceğiz. Sonra da “Kânûn-ı Esâsî’nin Milli/İslam Hukuku Kaynaklı Oluşu Meselesi” başlığı altında hazırlık aşamasındaki tartışmaları, tasarılarda ve kabul edilen metinde ulemanın katkısının olup olmadığını ortaya koymaya çalışacağız. Sonuç olarak bu anayasada yeni bazı kural ve kurumlar ilave edilmekle birlikte Osmanlı Devleti’nin başından beri var olan siyasî ve hukukî yapısının temel esaslarıyla korunduğu görülmektedir diyebiliriz. Bu haliyle Kânûn-ı Esâsî’nin, sadece Milli/İslam hukuku kaynaklı olmayıp karma usulle hazırlandığını söyleyebiliriz. (shrink)

PREFACE WORD The Tanzimat period, which was the starting point of reform movements in many areas such as social, political, economic, military, etc., in which steps were taken towards Westernization, is considered to be an important milestone in drawing the fate of the Ottoman Empire. In this longest century of the empire, when many things were rushed, education partially received its share of change and reform. However, since the field of education was under the control of religious institutions such (...) as the Şeyhülislâmlık and the Nezâresi Evkâf-ı Hümâyun, the changes and reforms in this field remained limited. Regarding philosophy, which is the subject of our study, we can say in advance that philosophical movements in the West, the ideas of philosophers and philosophical education in the Western sense began to enter our country in the post-Tanzimat period. It is noteworthy that during this period when the Ottoman Empire became acquainted with Western philosophy, philosophy in the West experienced a period of crisis. In the period preceding this acquaintance, philosophy education in our country was carried out in a style loyal to the tradition of Islamic philosophy, and the break in this tradition occurred with the Tanzimat. One of the most widely debated issues from the Tanzimat to the present day has been whether or not a philosophical tradition unique to us can be established. Issues such as whether a philosophy built on our own culture and values can provide us with the opportunity to raise philosophers who are considered philosophers in the Western sense, and the level of competence and proficiency of Turkish in terms of creating a philosophical language on the way to realizing this opportunity, and efforts to establish a deep-rooted tradition continue to stand before us. In this study, from a holistic perspective, the changes in philosophical paradigms in certain periods from Tanzimat to the present day have been tried to be determined chronologically and problematically. The fact that the movements that emerged with Tanzimat were broken in certain periods, such as 1915, 1933 and 1960, and left their place to different movements, and the changes in our country in parallel with the change in the perception of philosophy in the world have been tried to be revealed in this study, and as a result of the study, results that have not been expressed so far have been reached. Again, whether the perception of philosophy has changed in society along with the change in philosophy in higher education is among the topics investigated in this study. For example, the fact that professors such as Mehmet İzzet, Niyazi Berkes and Necati Öner, who studied philosophy, regretfully admitted that it was embarrassing to say "I am studying philosophy", and instead took refuge in evasive answers such as "I am studying at the Faculty of Literature, I am studying at the Faculty of Language and History", clearly shows how the difficulty of doing philosophy in Turkey is at a high level with these prejudices. From the times when philosophy was identified with irreligion and atheism, and philosophers were seen as useless people who only criticized and did not produce solutions, to the present situation, the paths taken and the obstacles overcome make us hopeful for the bright future of philosophy in Turkey. In the Dârülfünun, which was de facto established in 1863 and opened and closed many times, philosophy courses were able to find a wide place in the curriculum after 1900 and especially after 1916. However, the contribution of philosophy courses and departments, which have been a significant part of the academy since 1916 both as a field of research and education, to the establishment and development of the longed-for original philosophical thought is currently the subject of a separate discussion. Indeed, philosophy departments have never escaped the criticism that they teach Western thought, transfer Western intellectual currents, ignore social values, and provide an exclusively Western and unproductive education. Our study, which deals with the processes of change and transition in philosophy education in Turkey and the debates on these processes, consists of three chapters and three appendices. In the first part, the studies in the field of philosophy from Tanzimat to the Republic are discussed theoretically and a general framework is tried to be drawn about the establishment of philosophy in Turkey. The topics covered in this section are mainly philosophy education until the establishment of the first university in 1863 under the name Dârülfünun and its closure and reopening in 1900 under the name Dârülfünun-ı Şâhâne. As is known, after a long period of trial and error, Dârülfünun was reformed under the name "Dârülfünun-ı Osmânî" in 1908 during the Second Constitutional Monarchy. Reforms in the field of education continued unabated, and with the university reforms in 1915 and 1933, philosophy departments also underwent significant change and transformation. Especially German faculty members, who were influential in these reforms, played an active role in the restructuring of the philosophy department. Apart from universities, philosophical activities were also carried out in non-governmental organizations, newspapers and journals. In particular, the philosophers who tried to become an association under the name of the Turkish Philosophical Society are today actively working under the name of the Philosophical Society of Turkey and the Turkish Philosophical Association. In this part of our study, in addition to these issues, the philosophers of the Republican period, which we have identified as four generations, and their philosophical attitudes and behaviors are evaluated together with the aspects reflected and not reflected in their works, and the interaction between the similarities and differences between the general characteristics of the generations and the philosophical atmosphere in the country is tried to be analyzed. The similarities and differences between the generations are analyzed since they are the main factors that determine and govern the course of philosophy in Turkey. The second chapter is devoted to "Philosophical Disciplines in Purgatory in the Republican Era". In this section, the disciplines of history of science, logic, Islamic philosophy and philosophy of religion, which we characterize as disciplines in limbo because their place in philosophy departments has always been controversial, are analyzed. In the third and final chapter, under the title "Philosophical Problems and Movements in the Republican Era", the problem of establishing the practical implications of the philosophical issues discussed in the first two chapters on the theoretical level, the question of whether Turkish can be the language of philosophy, Western philosophical movements in Turkey and their representatives are discussed. This chapter concludes with the main purpose of the study, which is to discuss the problems of philosophy in Turkey, suggestions for solutions and future perspectives. We have tried to enrich our research with three appendices that are considered to be complementary to these three chapters. The first appendix contains interviews with twelve senior professors who retired after teaching philosophy in Turkey for many years. These senior professors were asked questions about the changes in the view of philosophy in Turkey, philosophy education in higher education, their perceptions of philosophy, etc., and an important historical note was made with their answers based on their experiences. In this respect, we believe that these interviews will serve as an important source and reference for future generations and the social sciences community. Although the speeches of these professors contain many important discourses, messages and references, we have chosen one motto phrase to carry in the title. On this occasion, we would like to express our gratitude to our esteemed professors for sharing their vast knowledge and experience in the field of philosophy with us. In the second appendix, the short life stories and works of about a hundred professors in the field of philosophy in the Republican period are included. Although this information is sometimes easily obtained through the internet, biographical books or the works of the professors themselves, sometimes, after a very long and laborious work, original information has been reached, which is expressed for the first time in this study. Sometimes the capture of a very small detail required great efforts. In the third and final appendix, the names and periods of the senior philosophers of the Republican period are listed chronologically. (shrink)

This paper is diagnostic type rather than a solution one. There are claims among certain quarters that The Universal Declaration of Human Rights 1948 is a Western mould human rights. However, I will argue that human rights are benchmark for modernization and progress in democracy, and it is traceable within Islam. Using Syed Hussein Alatas‘s Ideal of Excellence as thereotical framework, my attempt is to highlight the memory of Tanzimat during Ottoman empire as one triumph heritage and successful story (...) of human rights modernization within Islam, and not the moment or starting point of failure for the Ottoman. Unfortunately, this modernization does not reflected in the Malay world as it is perceived as the weakening process of Ottoman. Today, similar challenges faced by Ottoman are being faced by the Malay world. Legalistic Islam and Wahhabism are among others that slowing down the modernization of human righs within Malay world. (shrink)

Dürziler, gerek itikadi açıdan gerekse de hukuki prensipleri bağlamında Osmanlı-Hanefi ideolojisi dışında kalan bir cemaatti. Bununla birlikte Dürzi liderler 19. Yüzyılın başlarına kadar devletin Cebel-i Lübnan’daki idari tem-silcileri olarak siyasi otoriteyi ellerinde tutmayı başardılar. Bunun yanı sıra geleneksel hukuklarını da koruyan Dürziler, Osmanlı Devleti’nin sosyal yapısını oluşturan Millet Sistemi içinde farklı bir pozisyonda kimlik edindiler. Tanzimat reformlarının Cebel-i Lübnan’da uygulanmaya başlaması ise Dürzilerin kimlik tanımlarında siyasi paradigmaların dışına çıkmalarına sebep olmuş, Osmanlı kimliğini İslami terminolojiyle tamamlamak adına hareket eden cemaat, (...) hukuki statülerini bir meşruiyet aracı olarak kullanmaya başlamış ve devletin değişen reformist duruşu karşısında farklı bir hukuki yer edinmeye çalışmışlardı. Bu çalışma, Cebel-i Lübnanlı Dürzilerin Osmanlı Devleti’nin son zamanlarında ortaya çıkan kimlik problemine bakışlarını ele almakta, cemaatin meşruiyet kaygılarına karşı aldığı tedbir ve devletin hukuk politikasını incelemektedir. Araştırmada kendi kaynaklarında ve Osmanlı arşivinde yer alan bazı Dürzi davalarından örnekler verilerek cemaatin iç hukukuna değinilmiş, ayrıca devletin mezhep siyasetinde izlediği yöntemin Dürziler üzerindeki etkisi analiz edilmiştir. (shrink)

Makalenin temel fikirlerinden birisi, kendine has özgür ve değişime açık yapısıyla, diğer kültürlerdeki eşdeğerlerinden farkını ortaya koyan ulemanın, Osmanlı Devleti’nin başarısında büyük rolü olduğu öngörüsüdür. Devletin yüksek eğitim kurumları olan medreselerde eğitim faaliyetlerini yürüten bu ulema (ilmiye teşkilatı); ilmi birikimi, hayatı anlamlandırma çabaları, evrensel bakış açıları ile topluma yön verebilecek seviyedeydi. Makalede ele alınan temel problem, 18. ve 19. asırlara gelince ulemada görülen hızlı prestij düşüşünün manipüle edilip edilmediğini ortaya koymaktır. Makalenin önemsediği diğer bir mesele, 1839 Tanzimat Fermanı’nın ilanından (...) sonra daha çok Batı kültürünün etkisi ile ulemanın karşısında konuşlanan aydınlardır. Bu aydınlar kısa sürede ulemanın Osmanlı Devleti’ndeki yerini almaya başlamış ve Batı kültürünün bir nevi temsilcileri pozisyonuna gelmişlerdir. Bu yeni reformistlerin, İslâm dünyasında Müslümanlığı muhafaza ederken Batılılaşmayı amaçlamaları yeni bir ikilem oluşturmuştur. Makalenin amacı, ortaya çıkan bu paradoksu tarihsel zemininde incelemek, toplum üzerinde nasıl bir etki ve algı oluşturduğunu ortaya çıkarmaktır. Araştırmada “tarihî araştırma yöntemi” kullanılmıştır. Bu yöntemle araştırmanın konusunu oluşturan dönem eleştirel bir gözle incelenip, doğru bir şekilde tahlil edilmeye gayret edilmiştir. (shrink)

Türk İslam düşüncesi, hikmetten felsefeye evrilmiş ve Batı düşüncesinin felsefî yaklaşım ve akımlarıyla Anadolu coğrafyasında tanışmıştır. Kişiler ve toplumlar birtakım problemlerle karşılaşınca bunları öncelikle fikrî olarak çözüme kavuşturmak ister. Osmanlı’nın son dönemlerinde de çözüm üretilmesi gereken siyasi, ekonomik, kültürel birtakım problemler ortaya çıkmıştı. Bu problemlerin çözümü Tanzimat ve Meşrutiyet dönemlerinde farklılıklar gösterseler de çözüm yollarının bilimsel, sosyolojik ve felsefi nitelikler taşıdığı bir gerçekti. Felsefi çözümlemeler Batı temsilcilerinin görüşleri doğrultusunda aydınlanmacılık, pozitivizm, materyalizm, spiritüalizm vb. ile çözüme kavuşturulmak istendi. Cumhuriyet döneminde (...) de yeni bir toplum, millet oluşturmak, bunun varlığını diliyle, diniyle, idealleriyle, kültürü vb. ile sürdürmek genç cumhuriyet için çok büyük bir problemdi. Bu problemlerin çözümü için Tanzimat ve Meşrutiyet dönemi fikir akımları Cumhuriyet dönemine rehberlik etti. Bu farklı çözüm önerilerinden her biri, bizi farklı fikir akımlarıyla tanıştırmış oldu. Bu çalışmada kendi edindiğimiz tecrübeler ve farklı kaynaklardan yararlanarak Cumhuriyet dönemindeki fikri yaklaşımlar ve akımları ele almaya çalıştık. Bunlardan özellikle etki ve kabul görme sırasına göre aydınlanmacılık, pozitivizm, materyalizm, spiritüalizm, sosyal Darwinizm ve analitik felsefe üzerinde durmaya çalıştık. Sadece akademik çalışmalar açısından üzerinde durulanlar arasında yeni ontoloji, fenomenoloji vb. leri burada zikredilebilir. (shrink)

The main purpose of this study is to become acquainted with the educational institutions in Ottoman Empire during and after the 18th century. In this respect, special attention is given to which initiatives were taken in terms of education and which educational institutions were established during the aforementioned period. The need to comply with the West in terms of science, culture, reasoning, and technological advancements has led to the questioning of the current madrasah system. Upon revising the educational system of (...) the madrasah, which had difficulties in being productive and attaining to the necessities of the time, there have been initiatives primarily to establish and structure military schools. These attempts to reform education was intensively seen as from the early 18th century. The above-mentioned changes and progress have gained momentum with the Tanzimat era. It was observed that during this period, many schools were established beyond military; education levels were clarified and; females were given right to study. Similar to Tanzimat era during the first Constitutional Monarchy and Autocracy eras, positive contributions toward educational reforms were made. However, beginning from the middle of the second Constitutional Monarchy era, the economic and social complications that the state was going through had a negative impact on the educational system and the practicality of the educational institutions.Summary: Education has been the most important factor in determining the social, economic, and cultural level of a society. The level of development, which is the determinant of the superiority of the nations to each other over the world, varies according to the importance given to education. To be a pioneer in the scientific sense, to be able to have technological opportunities, to make people live more comfortable and peaceful, to have more power in the economic field and to ensure the continuity of the nation that depending on all these, it will be possible with the understanding of education that can read the time and future well. The fact that world states are superior to each other in different periods of history is directly related to their understanding of education. It can be said that in the centuries following the beginning of the new age, especially the Western nations have taken a more positive step at this subject. The changes in both mental and action spheres such as XVI. century Renaissance movements, XVIII. century enlightenment movement and finally the industrial revolution triggered the development in the scientific and technological field. In these periods the importance given to thinking and the freedom of thought has been the main factor of the progress in the scientific field. The European nations, which went beyond their religion-based bigotry and prioritized the free and secular understanding, have become superior to other nations of the world. However, it is not quite possible to say that in the same periods the Ottoman Empire was able to adapt with the same speed to such accelerations of change and development that placed in Europe. One of the main reasons for this situation and perhaps most importantly is that the educational concept in the Ottoman Empire remained within a static structure in the last centuries. In particular, the matters such as the madrasa being away from productivity, the limitation of the understanding of the science only with religious sciences, has led to the problem of inability to adapt to the rapid transformation that in Europe. The first steps towards eliminating this weakness noticed by the state executives over time has been taken through the improvement and transformation of the Ottoman educational institutions. It is possible to say that the first attempts as to these restructures of education, which is also called as Westernization or modernization by the educational historians, has begun in the period of Sultan III. Selim. In the context of the Nizam-ı Cedid movement, a number of positive initiatives in education, such as the improvement of madrasas, the opening of military schools and translation activities, constitute the core of the changes that will take place in later periods. Immediately afterwards, in the period of II. Mahmut, making the reading and writing education compulsory, opening of Western-style junior high school, establishing medical and vocational schools that provide education at higher education level are considered as positive innovations of the period. The time interval from the proclamation of the Tanzimat edict until the First Constitutional monarchy is the period in which the institutionalization and structuring towards education in the Ottoman Empire is at the highest level. Besides many educational institutions in this process where the ministry responsible for education and training is established and the regulation containing the arrangements regarding this field is put into force, one of the most important initiatives made is laying the foundations of the Dâr al-Fünûn (Ottoman University) which is considered as the first university in this land. The fact that many educational institutions established in this period that are the roots of today's educational institutions is important in terms of demonstrating the accuracy of the initiatives within the mentioned period. In Meşrutiyet (the First Constitutional Monarchy) and the subsequent period of Mutlakiyet (Autocracy), contributions were provided on previous positive structuring. However, the social and economic problems experienced in the country since the second half of II. Meşrutiyet (the 2nd Constitutional Monarchy) have been effective in the inability of continuing innovations towards education. In this study, the educational institutions established in the Ottoman Empire before and after the Tanzimat period were discussed. The aim is not just to reveal what these schools are. It was also aimed to emphasize which areas in which schools are required to be based on which needs, which obstacles are encountered during the change of mentality in education, regulatory activities foreseen to overcome obstacles and to what extent they have been successful. In this regard, the signals of change as to the structure of educational institutions, which could be the source of most of the republic period, started from the beginning of 1700s and continued until World War II period. During this period of more than a hundred years, the political periods related to the structure and functioning of the state have also been influential in the structuring of educational institutions. In fact, the Reorganization (Tanzimat) period, which is known as ‘reform’ in the mentioned process, is considered as the stage where the change and transformation concerning education is the most. It is seen that the process of westernization still continues even though it is not with the same acceleration in the Constitutional Monarchy and Autocracy periods after the Reorganization period. When looking at the facility of educational institutions in chronological order, it is determined that there is a dominated understanding that prioritizes to train military staff in the military field and to have a competent army with the technological possibilities of the time, in other words, to create a strong defence system against the foreign powers of the country. Indeed, for the first time in order to give technical information about modern military, Hendesehane opened and started to operate in İstanbul in 1734 by Mahmut I; Mühendishâne-i Bahrî-i Hümâyûn, the school of the first military maritime was opened in 1775 in order to provide modern education; Mühendishâne-i Berrî-i Hümâyun was founded in 1795 in Istanbul, in order to train artillery and military officer (military engineer); Mekteb-i Harbiye, which was opened in 1835 to train officers, and Menşe-i Küttab-ı Askeri, which was established to train military scribes, contributed to the contemporary construction of the army. In the mentioned period, the most important change outside the military area was in the health area. In this sense, in order to meet the medical doctor needs of the army, Tıbhâne-i Amire was established in 1827. In 1867, the first civilian medical school, Mekteb-i Tıbbiye-i Mülkiye, started education and training. Another important innovation movement for education was in the field of law. In this context, the School Law was established in 1880. In order to train competent staff in administrative staff, the schools of the Mekteb-i Mülkiye, the schools of teacher, the schools that enable women to do education, the improvement of schools that train the clergy and the regulations based on this take attention as educational activities carried out in the mentioned period. (shrink)

As one of the most important episodes of change in the Ottoman Empire, the Tanzimat Era (1839-1876) was a phase when the state and its political and ideological formation witnessed structural transformation and reforms. During this period, privy councils were instituted at every level, as one of the basic changes in decision-making and the legislation process of the Ottoman State. Meclis-i Âlî-i Umûmî (the Supreme Council-General) is located at the top of the counsulting hierarchy of councils at the administrative (...) piramid, instituted in 1838. The Supreme Council-General also functioned as an equivalent to that of a “senate” of the modern parliament for the first time in this transition period. (shrink)

Tanzimat’la başlayan eğitim felsefesi ve politikamız, Batı eksenli bir seyir içerisine girmiştir. Cumhuriyet’e kadar yürütülen iyileştirme ve ıslah çalışmaları ise kayda değer bir gelişme gösterememiştir. Osmanlı dönemindeki birtakım önemli girişimler ve düzenlemeler, Cumhuriyet dönemini hazırlamıştır. Islahat, Meşrutiyet ve Cumhuriyet dönemleri, Batılı paradigmaların çevresinde eğitimi konumlama ve kodlama çalışmalarıyla sürmüşse de bu eğitim paradigmasının manevî ve yerli/millî değerlerden kopuk, pozitivist eksenli olması eğitimde beklenen olumlu neticeyi vermemiştir. Bir ülkenin eğitim politikası, o ülkenin önem verdiği ve eğitim sistemine de yansımış olan (...) değerlerle başlar. Bu değerler eğitimin çerçevesini, amaçlarını ve yönünü belirler. Bir ülkenin eğitim politikası, o ülkenin önemsediği ve eğitimine de yansımış manevî, milli/yerli değerlerle başlar. Bu değerler, eğitim politikasının genel hatlarını, hedeflerini ve gidiş yönünü belirler. Manevî ve milli bir “Eğitim Felsefesinin” ve “Eğitim Politikasının” nasıl olması gerektiği konusunda yapılan akademik çalışmaların sayısı son yıllarda giderek artmaktadır. Bu çalışmalardan biri de Prof. Dr. Bayram Ali Çetinkaya’nın kaleme almış olduğu “Eğitim Politikamız ve Felsefemiz” başlıklı çalışmasıdır. (shrink)

This article examines two texts, each representative of a system of morality taught in nineteenth-century Ottoman morality textbooks: Risâle-i ahlâk by Sâdik Rifat and al-Risāla al-shāhiyya fī cilm al-akhlaq by cAḍud al-Dīn al-Ījī . So as to inform conclusions about the variety of moral traditions that inspired the authors of late Ottoman public school textbooks on morality, I analyse the organizing metaphors, moral rationalizations, types of moral agency, and techniques of inculcating morality utilized in these representative texts. Normally, texts such (...) as Sâdık Rifat's are taken as representing an Ottoman tradition of secular morality, whereas texts from the akhlâq tradition such as Ījī's are said to represent the religious tradition of Islamic ethical philosophy. I argue, however, that textbook writers in the late Tanzimat and early Hamidian Ottoman Empire drew on both of these ethical traditions uncritically, and that the heterogeneity of nineteenth-century Ottoman public school morality texts makes it inappropriate to characterize them as ‘religious’ or ‘secular’. I suggest, instead, that these types of morality text may be more fruitfully analysed with an eye to the types of subjectivity they seek to generate rather than their ‘religious’ or ‘secular’ content. (shrink)

PREFACE WORD -/- Hilmi Ziya Ülken was born and educated in Istanbul during the last period of the Ottoman Empire and worked in many fields of the intellectual life of the newly established Republic. Although he was interested in many fields of social sciences, he gained fame in the fields of Turkish thought and Islamic philosophy, and undertook important tasks in revealing and introducing medieval Islamic thinkers and post-Tanzimat Turkish thought. Again, due to his deep knowledge of Eastern and (...) Western philosophies, he was a thinker who made comparative studies and revealed the similarities and differences in both cultures. Apart from philosophy, which is his main field of interest, he also wrote works in the fields of sociology, anthropology, logic, history, novels, poetry, painting, miniature painting and even calligraphy. Ülken served as a bridge to the disconnect in our culture due to the Alphabet Revolution through the works he wrote and the students he trained. He made great contributions to Turkish-Islamic thought with his maturity period works, especially when he was a faculty member in the field of systematic philosophy at Ankara University Faculty of Theology. The philosophy of being, which constitutes the main axis of our study, is intertwined with metaphysics and ontology. Metaphysics, which deals with the question of "what being is", and ontology, which seeks to answer the question of "what kind of the same things exist in essence", are closely related; in fact, it is almost impossible to separate these two fields. Metaphysics, or the philosophy of being, is the most important and yet the most problematic field of philosophy. This is because throughout the history of philosophy there are many philosophers who do not see metaphysics as a field of philosophy. Especially in the Enlightenment period, metaphysics was seen as unobservable and incapable of meaningful discourse because it included topics such as God, the soul and universals. Some positivist thinkers even saw metaphysics as a continuation of animist discourse, the biggest obstacle to progress and Enlightenment, and criticized it severely. As a continuation of this understanding, metaphysics has been viewed negatively in our country since the early years of the Republic, and some philosophers have ignored an important field of philosophy by saying, "Metaphysics is not philosophy; philosophy is not metaphysics." In fact, in contemporary Western philosophy, Heidegger, Heidegger, Heidegger, Heidegger, Heidegger, Heidegger, Heidegger, Heidegger, Heidegger, Heidegger, Heidegger. In fact, in contemporary Western philosophy, philosophers such as Heidegger (1889-1976), Sartre (1905-1980) and Merleau-Ponty (1908-1961) attempted to demolish metaphysics in order to solve the problem of existence, but in doing so they themselves had to do metaphysics. When we ignore metaphysics, we ignore an important field of philosophy and an important function of the philosopher. Because in the pithy words of Ibn Rushd (1126-1198), "Man is a being who does metaphysics." Again, according to the Andalusian philosopher Ibn Bâjce (1077-1139), a virtuous society is one that emphasizes the metaphysical dimension of human beings. Although Ülken grew up in a period when metaphysics was viewed negatively, he wrote many works in this field and attached great importance to metaphysics. In fact, one of his first works was Metaphysics (1928), which is important in this respect. In addition, one of his mature works, Being and Becoming (1968), which is a summary of his philosophy, also shows the importance he attached to metaphysics. Ülken attached great importance to the philosophy of being (ontology) in his philosophical studies. He even wrote on this subject in his Felsefe Dersleri: Bilgi ve Vücûd Nazariyeleri (Metafizik) (Philosophy Lectures: Knowledge and Body Theory -Metaphysics) (1928), Aşk Ahlâkı (Love Ethics) (1931), İnsanî Vatanperverlik (Humanitarian Patriotism) (1933), and Varlık ve Oluş (Being and Becoming) (1968). These works on ontology are among the first publications in his field in Turkish. According to him, the basic subject of philosophy is existence. Other fields should be built on this philosophy. During our study, the most important problem was the change in Ülken's thought between his works. We also encountered difficulties such as the scattered nature of his works, the lack of a systematic system, the lack of methodological sensitivity in footnotes and citations, and the use of some terms in their original form instead of their Turkish equivalents. (shrink)

Ṣūfī poetry or dīvān poetry, both of our poems have a universal appeal and a classical value just as the poetry of many nations’. Poets of both groups enhanced the consciousness level of every people one by one and created a virtuous society by taking power from the potential that existed in Turkish society already. If it is needed to mention a difference between those two poetries, it could be that dīvān poetry is a static one and sūfī poetry is (...) more dynamic than the dīvān poetry. While dīvān poetry has a unique World of poetry, sūfī poetry has a feeling of universe shaped by different meanings and concepts. Although dīvān poetry is based on intelligence and pleasure, there is intuitive inspiration and wāridāt in ṣūfī poetry. These become poetic sometimes thanks to similes (tashbīḥ), metaphors (majāz) and allusions (talmīḥ), become verse and gradually turns into a poetic theme (mażmūn). Until today, since the first that comes to mind, when it is said poetic themes (mażmūn), is dīvān poetry, poetic themes of ṣūfī poetry were overshadowed. However, ṣūfī poetry is quite interesting and rich in terms of its poetic themes. Although they are called as just terms, each of the terms of ṣūfī literature is a mystical state (ḥāl), mystical station (maqām) or experience. For this reason, many concepts of ṣūfī poetry, which we call term, could be a poetic theme by taking part in a reference (talmīḥ), simile (tashbīḥ) and metaphor (majāz). The aim of this article, which we can sample under three titles and with the couplets of our three ṣūfī poets, is to draw attention to the existence of a rich mażmūn staff independent of the dīvān poetry of Turkish ṣūfī poetry. The subject of mażmūns belonging to Turkish ṣūfī poetry should be considered important since it has not been mentioned much until today. Summary: The poet designs and presents it to his readers on behalf of his readers that he cannot even express what he has imagined but sometimes cannot imagine. Each poem has a specific interlocutor and addresses the emotions of its interlocutor. Each poem is adorned with thought and imagination; yet poems can be understood by annotation accompanied by rhetoric. Ṣūfī poetry and dīvān poetry, both poems have universal appeal and classical value like many poems of many nations. Ṣūfī poet and dīvān poet are the architects of an indestructible art existence that ruled for centuries and their works are masterpieces of their own fields. Both types of poetry, along with literary heritage, are a guide ship that leads the whole cultural heritage to the next generations, leading art branches. Both poets of both groups have strengthened from the potential that existed in Turkish society and raised the level of consciousness of each individual separately and created a virtuous society.Dīvān poetry is as beautiful as the aesthetics of genius; ṣūfī poetry is so beautiful with the sincere sincerity of heathat born to the heart. Without making use of the rich mażmūn staff of the lodge poetry, it would be an exclusivism and a status quo to make the mażmūn exclusive only to dīvān poetry or to search for the mażmūns of dīvān poetry in the lodge poetry and to interpret these mażmūns with the interpretation habits of dīvān poetry.The most obvious difference between ṣūfī poetry and dīvān poetry corresponds to the fact that the terms of Sufism are composed of similes (tashbīḥ), metaphors (majāz); sūfī poetry is a composition of poet’s personally experienced feelings or situations such as waḥdat, ḥalvet, manifest and observant concepts. While the depictions of the dīvān poet, spring and winter depictions, arouse enthusiasm for the reader for a while, the indifference of the ṣūfī poet to this world, the constant heartbeat of Jamāl and the heart beating with the excitement of vuslat (meeting) infiltrates the reader to the eternal world.If there is a difference between the two poems, it is that the poetry of the dīvān is static and the ṣūfī poetry is more dynamic than the poetry of the dīvān. As well as dīvān poetry has a unique world of poetry; ṣūfī poetry has a universe of emotions shaped by different meanings and notions. Even if the beauty they depict is materially and morally different, the poet of both groups wishes to go beyond the beauty that they mean and find themselves there. They do this sometimes with similes (tashbīḥ) and metaphors (majāz) and istiʿāre, succeed with various kinds of poetic themes. In dīvān poetry, there is pleasure and imagination based on intelligence, and inspiration and success based on intuition in ṣūfī poetry. These become poetic sometimes thanks to similes (tashbīḥ), metaphors (majāz) and allusions (talmīḥ), become verse and gradually turns into a poetic theme. Dīvān poetry is an endless effort of abstract imagination, while ṣūfī poetry is an inexhaustible enthusiasm for concrete ecstasy. Although both have found what they are looking for outside of daily life, dīvān poet finds pleasure, yet sūfī poet finds inspire.When it comes to mażmūn, the first thing that comes to mind is Divan literature and it’s figure of beautiful woman’s length (cypress), hair (zulf), eye (daffodil), eyebrow (bow), eyelash (arrow) and skin (silver) and these mażmūns are stereotyped and widespread though each of them is known only to artisans. On the other hand, ṣūfī poetry has many other poetic themes such as Jamāl (grace), Jalāl (distress), ār and nāmūs (mālāmat), gūy (rıza), chevgān (ḳażā) and istignā (reluctant).To date, the first thing that comes to mind when it is said to be mażmūn is dīvān poetry, it has left behind the maẓmūns specific to ṣūfī poetry. However, ṣūfī poetry is also quite rich in terms of its mażmūns. Although they are called as just terms, each of the terms of ṣūfī literature is a mystical state (ḥāl), mystical station (maqām) or experience. For this reason, many concepts of ṣūfī poetry, which we call term, could be a poetic theme by taking part in a reference (talmīḥ), simile (tashbīḥ) and metaphor (majāz).The fact that the dīvān poets used the mażmūn as a word and the use of the term started with the Tanzimat made it inevitable that different definitions of the mażmūn emerged in time. For this reason, many researchers now understand and define the term of mażmūn differently. However, all the academics who researched or wrote about the mażmūn brought to mind only the poem of the dīvān poem, and they selected the examples of the mażmūn from the couplets of the poem of the dīvān poem. In our opinion, the missing part of the subject of mażmūn is here. Nevertheless, our main aim in this article is not to discuss what is or is not a mażmūn, but to try to express that the ṣūfī poem is as rich as the dīvān poem. Whereas the mażmūn has no single generally accepted definition; if so, we can say that ṣūfī poetry may have its own unique mażmūn, we can exemplify it with couplets of ṣūfī poetry. (shrink)

Slavery, which is thought to have existed since the appearance of mankind in stage of history, has developed in parallel with the civilization progress of mankind. The altering conditions, particularly the developments in production relations that are based on economic activities, have also shaped slavery. In the Early Ages, slaves were used only in agricultural production, but later on, they were begun to be used in various areas. The developments experienced throughout the history in slavery have followed different courses in (...) every society and every civilization. Slavery, which has possessed differences in geographical context, was shaped by social values and belief systems. Scientific and intellectual developments since 18th century, which is also known as the Age of Enlightenment, have influenced many institutions of societies and caused a change in the institution of slavery as well. The modern and libertarian ideological movements, which developed in the West, spread to the Ottoman State in the 19th century and led to significant shifts in the life of the state and society. Ottoman State followed modern developments in the slavery system and took some measures to ban slavery in its territory, particularly since the Tanzimat era. One of the regions where these measures were taken is the Middle East. Archival documents were used for this study which includes the initiatives of the Ottoman State that tried to terminate the slave trade in the region with various instructions and firmans. According to documents there was an intense effort to block this trade in the Middle East where was an important slave trade area with regard to Ottoman geography. However, despite these hard efforts, it is seen that a complete success regarding blocking slave trade in the Middle East could not be achieved. (shrink)

PREFACE WORD -/- Hilmi Ziya Ülken was born in Istanbul during the last period of the Ottoman Empire, was educated during this period and worked in many areas of the intellectual life of the newly established Republic. Although he was interested in many fields of social sciences, he gained fame in philosophy, sociology, history of thought and literature. Again, he undertook important tasks in revealing and introducing medieval Islamic thinkers and post-Tanzimat Turkish thought, and due to his deep knowledge (...) of Eastern and Western philosophies, he made comparative studies in these fields and tried to reveal the similarities and differences in both cultures. Many graduate studies, book chapters and articles have been written about such an important thinker whose works are also recognized abroad. Among the thinkers of the Republican Era, Ülken is one of the most studied names. In this study, Ülken's biography, his intellectual adventure, his understanding of philosophy and his ideas about the life of thought are discussed panoramically, and the bibliographic information obtained about his articles and other works that have not yet been fully revealed has been added to the study. Another important document added to this study is Ülken's biography written in his own handwriting. Our hope is that with the completion of the information missing in this study, a complete portrait of Ülken will be revealed. When Ülken's works are taken into consideration, it is understood that he wrote works in many fields of social sciences. The fact that he did not concentrate on a certain field but worked in many fields has been a frequently criticized aspect of him. In this sense, we think that the phrase "A Thinker of Mütebahhir", which we wrote as a subtitle to the title of our study, defines him very well. Many names have used the adjective mütebahhir, which means ocean and depth in Ottoman Turkish, about Ülken. While Necati Öner used it in a positive sense, names such as Cemil Meriç (1916-1987) and İsmail Tunalı (1923-2015) used it in a sense that includes negative connotations, such as saying words in every field, his knowledge is unlimited but formless and non-systematic, and Salâh Birsel (1919-1999) wrote on every subject. On the other hand, scholars such as Kurtuluş Kayalı and Ali Utku, who have recently conducted competent studies on Ülken, have emphasized that Ülken - contrary to popular belief - thought and worked within a system and was very sensitive about his system of thought. When Ülken's works are examined in general, it is seen that many of them were formed by turning lecture notes into books, and this situation caused many problems. This situation led to problems such as the disorganization of his works, the lack of a certain systematization, the lack of the necessary methodological sensitivity in footnotes and citations, and the use of some terms in their original language instead of their Turkish equivalents. When we look at the life stories of important thinkers in the history of thought, we observe that they were not only influenced by the social, political, economic, etc. conditions of the period in which they lived, but also that they influenced these conditions in the period in which they lived. The best example of this situation among the thinkers of the early years of the Republic is Ülken. When his works are examined in chronological order, it is noticeable that his ideas constantly changed, that he had to defend the ideas he criticized from time to time, and that he was in a constant search. He explained his works in many fields by saying that he wrote works that would be a source for his own works and that he served as a bridge to the past. The fact that he was a doyen in many fields of social sciences despite having a Mülkiye education can be explained by his self-education. Ülken, who set an example for academics and thinkers with his hard work, diligence, and lifestyle of constantly reading, researching and writing, carried out very important works in his 73 years of life. As Öner, a student of his who knew him closely, says: "In his daily life, Ülken was either reading, writing or philosophizing." Again, Tunalı says about his diligence that "when he was finishing a book, he would have written another book!" It can be said that one of Ülken's efforts was to establish a tradition of sociology and philosophy in Turkey by recognizing the disconnect in our world of thought. Ülken expressed this to his student Necati Öner by saying, "We are a quarter in philosophy, you will be half, and then we will be complete!" While the influence of philosophers and sociologists who came to our country with the educational reforms was quite limited, Ülken succeeded in establishing a tradition in Istanbul Sociology and Ankara Theology. For this reason, important sociologists and philosophers of our country, such as Baykan Sezer (1938-2002) and Kurtuluş Kayalı (born 1949), admitted that "we are students of the Ülken tradition" even though they were not his direct students. Ülken provided an important opening in the social sciences with his methodology that analyzed the problems he dealt with in depth, tried to deal with all aspects of the issues and made synthesis attempts between different ideas. In addition, with the newly established Republic, he made great efforts to collect and translate sources in many fields, especially philosophy, and to carry out activities on a philosophical basis. The fact that his works continued to attract attention in every period after him and were reprinted and read again and again reveals the centrality of his role in the intellectual life of the Republican period. In this study, in which the life, philosophy and thoughts of Hilmi Ziya Ülken, whose valuable contributions to Turkish-Islamic thought are undeniable, have been tried to be presented in general terms, the articles and book chapters I have written about Ülken in various journals and book chapters and whose titles I have given in the bibliography and bibliography section have also been utilized. I hope that this monographic study will make a small contribution to the studies on Ülken, who deserves to be remembered with mercy and gratitude. -/- . (shrink)

The founding will of the Republic of Turkey, after challenges that they had to go though in a new country, have entered into a new state and feverish efforts to build a new society. The victories which were won in the battlefield must be crowned with a strong state and community structure that will not have to face the same problems again. The first and most important thing to be done for this is to provide the construction of the national (...) identity which is the fundamental basis of the indivisible integrity of the state with the country and nation by implementing some changes that have been discussed within the intellectual point of view since the Tanzimat reform era. Just as history, language, mythology, culture, science and education became the means of this purpose, the religious institution was tried to be organized to serve this basic purpose. It is certain that religious arrangements will meet greater challenges than other revolutions. The aim of the study is to provide a better understanding of the basic intention behind the arrangements that the founding staff of the republic are trying to implement in the religious field in terms of language. The main purpose of the revolutions in the Turkishization of the language of religion is the concerns about the construction of a solid national identity. The aim of the study is to provide a better understanding of the basic intention behind the regulations that the founding staff of the republic were trying to implement in the field of language-specific religion. (shrink)

The emphasis that the modernity gives to disengagement and beginning leads one to think that the modernity itself is in fact a culture that initiares crisis. Even if there is no initial crisis, it can be created through the ambivalent nature of modernity. Behind the concept of crisis lies the notion that history is a continuous process or movement that opens the door to nihilistic understanding which stems from the idea of contemporary life and thought alienation through the pessimistic meaning (...) of the word. There is a dialectical relationship between the ideas of modernity and progress, and the decadence, and the main theme of Nietzsche's philosophical career. Since the death of Hegel, who made the idea of crisis plausible, everything is nothing but a counter-movement not only in Germany, but also in Europe. The first of these counter-movements is romanticism with its objection to the mind which is liberated from the bonds of tradition. The main thesis of the present article is, between reactiveness of romanticism -on the surface- and the modernity; from one side romanticism's consuming modernity, which is its mirror image, while at the same time feeding from it and modernity's manipulating the ideas developed against it and monopolizing them thanks to its ambivalent nature. For this purpose, following an an anti-enlightenment thinker Nietzsche's, anti-romantic footsteps which at the same time feeds from the romantic heritage, an attempt will be made to analyze the relationship between modernity and romanticism. Another goal of this article is to allow a comparison of how the intellectual development in the West finds its response on the modernization process of our country by probing how the modernization experience of early period Islamist's who experienced this process in a feeling of "backwardness" and with a wounded consciousness and anxiety has led to a shallow romantic worldview. SummaryRomance and romanticism are the main topics of this article. Romanticism is a period, whereas romance is a spiritual attitude not limited to this period, therefore, even today it’s existence is felt. In other words, it is not specific to the Germans. This term is often used to correspond to certain aspects of European intellectual life in the late eighteenth and early nineteenth centuries, for instance between 1790 and 1850. In its extremely diverse definitions, the most "romantic" definition in our opinion, belongs to Novalis: “I'm romanticizing by giving a high meaning to ordinary things, a mysterious reputation to the ordinary, the honor of the unknown to the known, an infinite look to the finite.” The rejection of existing social reality, the experience of loss, the melancholic longing and the search for loss are the main components of the romantic motive. This study is based on the argument that there is a dialectical relation between romanticism and modernity, which is known as an opposing movement against enlightenment thought. The intellectual feature, which contains the opposite of modernity itself, makes this argument plausible. In addition, the view of modernity as a crisis culture due to the emphasis on disengament and beginnings offers us the possibility to establish a relationship between modernity, which accepts itself as decadence, and romance. Behind the concept of crisis lies the idea that history is a continuous process or movement opening the door to the nihilist understanding in which modern life and thought are alienated in a pessimistic sense. Thus, Allan Megill defines historicism as a prerequisite for nihilism. According to the author, Prophets of Extremity, if the history has no direction to be changed, maintained or lost when wandering in history, it also cannot have a "crisis". The suggestion of "God is dead" is the most concise expression of this crisis. In this crisis state of nihilism, it is a completely forlorn condition of living in the present. Today, which is in the absolute forlorn state; the savior declares his belief that he is devoid of all sorts of features, things that let us reconcile with the current situation of things. In the face of this situation, when people see that the present becomes completely forlorn, they move in two opposite directions with a desire to regenerate culturally: They either have to go back to the past or head for the future. However, every attempt to determine what the future or the past posess will require them to be real, belonging to the present. This will return us to the forlorn state. Nietzsche embraces both opposing sides, but does not attempts choose between them. This is the place where Nietzsche dictates that today is corrupt taking a radical attitude against romanticism fed by the notion of crisis. The fact that modernity has given up its critique of reason, which is revealed by its dialectic, had a great influence on Nietzsche's putting distance between himself and romantics. That is to say, in response to enlightened thought, although romantics speak of unity, apparently, they could not prevent emergence of emotion against mind, local against the universal, individual against social, in other words, the emergence of the second values, which they believed that these were belittled and despised by Enlightenment. Therefore, romantics seem like they could not save themselves from being caught in the web of dialectics in the account they entered that is based on the subject-object distinction in cartesian thought. It is because modernity acts with the consciousness that the life is established on the occurrence and decadence. Based on this, we can say that decadence is inevitable. This decadence (distortion) from the outside may be through movements developed against it, or experienced within itself (even if no one attempts to destroy it). Modernity, with the awareness that it cannot escape from the decadence, wants to arbitrate itself by turning this decadence in its favor by manipulating it. In other words, the modernity dramatizes the feeling of crisis considering itself decadence and the seemingly contradictory ideas of avant-garde and decadence become almost synonymous. It must be the reason why Nietzsche identifies modernity with decadence Modernity manages to put the decadence in its body at the center of attraction by producing self-opposing movements, monopolizing and manipulating. In short, both romanticism and avant-garde movements are the movements that are emerged not against modernity but from itself. Just like an apple worm, they both consume modernity and feed on it. They act as a mirror. Although they seem to criticize, as movements that have emerged from it, they allow the modernity to complete and correct the deficiencies. As a result of this, we can say that romantic critical movements are developed against the world and are shaped by modernity, beginning with the idea of enlightenment, and moved forward in the track of modernity.While romanticism developed in the West as opposed to modernity, in Ottoman-Turkish thought, it was seen as the rhetoric of retardation and regretting of backwardness from civilization. It is inevitable that the experience of modernization in a sense of backwardness, with a wounded consciousness and urgency, will open up space for romance. In our modernization adventure starting with Tanzimat, it is a fact that there has not been a drastic reckoning due to Enlightenment on an intellectual basis, industrialization on an economic basis, programs of revolutionary and nationalist formations on a political basis. Therefore, in Turkish thought, it is not possible to talk about a critical tradition developed against modern paradigm. The status of being audience to what was being experienced in Europe, resulting from superiority was transformed into grudge due to the defeats in the military field. Due to the decadence experienced in the present, inability to find the solution to the problems of its age, melancholic state of mind because of being stuck in the golden age experienced in the past, in the case of a preference, led to a romantic world view because of the appeal of its simplicity to imitate what was once lived in the past. Thus, it is very natural that the direction of Namık Kemal, the cult personality of Islamist-Turkish thought, is towards the past even when talking about progress and civilization. Seeing the 19th century Europe as a re-implementation of ideas and institutions that are actually Islamic, Namık Kemal, in our opinion, showed us a clear example of a typical Islamist romanticism and an example of occidentalist approach regarding that the West learned the civilization from Muslims. In fact, the exact equivalent of this approach displayed in Turkish cogito without even knowing that it is romantic, emerging in the personality of Namık Kemal and in the feeling of backwardness,with a hectic and injured consciousness, is kitschization. So much so that, the state of being kitsch also explains the current situation of Islamic geography which is far from creating a tradition for at least a century, and it clearly tells the usual romantic end. (shrink)

This study deals with the functions of the feuilleton, which is in the newspaper but has an important role in the development of literature. The 19th century is a period in which Westernization movements began to enter political and social life. Political developments such as the Tanzimat Edict, the Reform Edict and the acceptance of the Constitutional Monarchy had significant effects on cultural life over time. Newspaper is the most important mass communication tool of that period that accelerates this (...) effect. Journalism has an important role in the introduction and development of Western genres such as novel, Western-style story, theater into Turkish literature. The newspaper, which plays an important role in the change of Turkish literature wih new genres, has cultural effects on large masses of people. The feuilleton, which emerged with the publication of long literary texts in certain series, continued its influence in Turkish journalism for a very long time. Feuilleton paved the way for more people to meet literature by making it possible for long literary texts to appear in the newspaper. Many young writers in Turkish literature became famous for their articles in newspapers. These articles found their place in the newspapers, generally with 'feuilleton'. Feuilleton is a cultural and literary activity in terms of journalism; in case in terms of literature, copyright and translation, especially popular literature, have enabled many works to meet with the reader. Thus, by ensuring the interaction between the reader and the work, he developed rapidly in the literary gathering-place. At the same time, it prevented the authors' book printing costs. Therefore, the feuilleton built a mutually beneficial relationship between literature and journalism, and mediated the revival of intellectual life. (shrink)

It is evident that the Ottoman state made radical reforms to overcome the crises it had fallen in various fields, especially since the Tanzimat era. In this context, the preparation and codification of “Majalla-i Ahkām-i Adliyya” is undoubtedly one of the most important events of both the Ottoman legal history and the history of Islamic law. It is not a whole and complete civil law since it mainly covers debts, partly property and judicial /procedural law. “Munākahāt ve Mufārakāt” subjects (...) corresponding especially to the field of family law and the related law articles are not included in Majalla. The work that forms the basis of our paper was written precisely to fill this gap. The work in the nature of translation and commentary of Kadri Pasha’s book, al-Ahkām al-shar'iyya fi al-Ahvāl al-shahsiyya, which is a draft law, was born out of the need for a compact text on family law. It is also a response to the criticisms in his era towards the Islamic Family Law verdict. Its preparation about twenty years before the Family Law Decree is also a helpful clue in analyzing the nature of the work. In addition to translation, Hasan Riza strives to make the marriage contract, the responsibilities of the spouses, divorce, lineage and alimony subjects understandable, and to respond to the criticisms on these issues. When his effort is evaluated together with the religiously referenced commentary he made to Qānūn-i Asāsī, it can be described as the proof of the accuracy of the family law judgment, especially in the classical fiqh literature, and the defense of the conformity of these provisions to intact human nature. While this article mainly examines the nature of this work, it also aims to describe the criticism issues that the author’s era produced regarding the jurisprudence. The eight blurbs (taqrīz) at the beginning of the work are indicative in this regard. Bureaucratic and scientific relations and controversial issues on the agenda can be understood from these blurbs. In these blurbs, some references are made to the feminist movement along with the observations concerning the status of women. When approaches handled here are combined with the informtion as to the historical roots and the phases of feminist movement, it would be possible to reach the intellectual memory of that period. Determination and analysis of Darguzīnī’s identity and status is an indispensable requirement of this study. (shrink)

Court (Shar’iyya) recordings are at the forefront of primary written sources, which contain important documents related to Turkish history, sociology and culture. The court records shed light on city history of the period concerned with rich information and documents. These records are important books in which the documents related to the judicial, administrative, economic, architectural and social structure of a city as well as diplomatic correspondence between the center and the province were recorded. The purpose of this study is to (...) prepare a detailed catalog in addition to the catalog which was made in 1963 and contained only 119 books specifying only the dates covered by the book number. As we have seen in this study, all of the 119 notebooks in the records do not consist of the court registers in the known form. They are the books that include the records of court proceedings, which are different from those of the court, especially after the Tanzimat e.g. Qassam, Enkiha, Zabt al-Da’wa, Permission and so on. The microfilms of the books were presented to the service of researchers in Sivas Ziya Bey Library of Ancient Works. The originals of the books are in the Prime Ministry State Archives.SummaryShar’iyyaregisters are one of the primary written sources about Turkish history, sociology, and culture relevant to our life. Registry records shed light on the history of city in the relevant period by containing rich information and documents. They are important notebooks, which are related to the judicial, administrative, economic, architectural and social structure of a city, and also in the form of diplomatic correspondence between the central and provincial posts.After the Anatolian Selçuk (Saljūq) State, which collapsed under the pressure and domination of the Iranian Mongols in the last half of the XIIIth century, a state was established in the Selçuk-Byzantine border in the north-west of Anatolia in XIVth century, which did not even lasted a hundred years and had a reign in three continents. In the Bursa inscription, which dated to 1337/8, the second Ottoman Sultan (Sulṭān) Orhan was titled as the mujahedeen (warrior), the sultan of the veterans, son of veteran of veteran. The fact that Orhan carring these titles shows that since the earliest times, the Ottoman sultans considered themselves as the leader of the religious war against the infidels. Since the first years of the establishment of the Ottoman State, the Sharīʿa ruled on the establishment of administration and for this reason, they established institution of the Shaykh al-Islām(the chief juristconsult). Firstly, by appointing a subaşı(subashi, an Ottoman gubernatorial title) to the conquered places, then it gradually began to establish judicial courts from the smallest areas.In the XVth century, the number of qāḍī increased in parallel with the increase in their jurisdiction as a result of the expansion of the Ottoman Empire, and the proliferation of the administrative units called sancak, (sanjaq, division of a province) and so the failure of oneqāḍīto satisfy court affairs of an entire sanjaq. New districts arose from some of the former large districts. As a result of this in the XVIth century, the administrative system of the sanjaq's Tımar system and at the same time a geographical integrity of the districts/provinces to see the legal work of a qāḍī to pass by the districts and sub-district as a legal caused to occur two legal definitions that is legal and military administrative. Records of qāḍīs, which is called as sicilemerged because it was their duty to record their works and orders issued to them and the answers and the provisions given to them.The courts of Shar’iyyaserved as primary general courts (maḥākim-i ʿumūmiye) until the declaration of the Tanẓīmāt in the Ottoman Empire and heard the suit at legal, criminal, administrative, military, financial and all kinds of cases. Tanẓīmāt period, or rather Maḥmūd II and the period following him, the judicial organs in terms of reorganization was a circuit that was on the scene.In this way, which was occurred in the judicial system, records which were kept in the Meşihat (Mashīkhat) began to diversify depending on this change. Since in the registry books, which we call classical, all correspondence between the central and provincial offices were recorded. Records such as pleas, letters of patent, verdicts, order of the high, bonds etc. could be found in these documents.These records, which are one of the most important sources of an Ottoman city history, were kept in the museums and libraries of the cities until recently. A few years ago, these records, with a correct decision, were collected in the Prime Ministry Ottoman Archives and it was preserved and presented to the use of researchers by transferring them into digital. The Sivas Court building as it is known in history is now in the Pāshābeg quarter and known as the Court Bazaar in these days. There is no clear information about when the court was built in Sivas. In time, changes have occurred in cities and we are losing the historical side of them. In addition, the fact that people acted in an unconscious manner that would harm the historical texture was the biggest factor in disappearance of material remains. With the remaining physical materials available, we can only access crumb information and we can only make predictions. In this evaluation, the biggest materials are the documents and notebooks, which are the memory of city dates. However, it is understood from the records that there is a foundation belonging to this court and some of the court's repair and maintenance works were carried out by this foundation. As it is understood from a document dated 14 August 1798, one of the repairs was sponsored by Ḥüseyin Efendī. In an inscription dated 1906, which was found during the renovation of the basement of an apartment building owned by the General Directorate of Foundations in May 2018, the location of the building was previously known as the Sivas Muftī 's Office.In this study, a total of 240 registry books belonging to Sivas were prepared as in a catalog system. In this study, we have seen that a great deal of records have been lost, burnt or destroyed in a certain way through history. The burn marks in the records of 79 is a striking example in this regard. The book number 139, which is not shown in Osman Ersoy's work, is a record book in classical form. An important case in this study is that the register number 206, which is registered to Sivas, belongs to the province of Burdur and it is also a registry book in classical form. This book covers the dates of 18 M. 1248/23 N.1250 - 1832-1835. (shrink)

Yazar bu eserde, Osmanlı Aile Hukuku’nun kaynağını, uygulama örneklerini ve dönüşüm serüvenini, farklı şehirlerdeki mahkeme sicillerinden hareketle ele almaktadır. İslam aile hukukunun, özel de Hanefî mezhebinin Osmanlı imparatorluğundaki pratik uygulamalarının sicillere yansıyan somut tarafının örneklerini aksettirmektedir. Genel itibariyle fıkıh kaynaklarındaki görüşlerle uygulamanın problemsizdir. Ancak, bazı ihtilaflı konularda Hanefî mezhebine ait furû kaynaklardaki görüşler uygulamada sıkıntıya sebep olmuştur. Devlet erki, sıkıntılı durumları bertaraf etmek için Şeyhülislam’ın talebiyle kanunnâme, adâletnâme ve fermanlarla devreye girerek çare aradığı açıklanmıştır. İslam Aile Hukuku’nun uygulamasıyla ilgili olarak (...) bu kayıtların yanında Osmanlı ülkesinde bulunmuş seyyah, elçi ve araştırmacılarında gözlem ve notları aktarılmış. Özellikle çelişki akseden kısımlarına vurgu yapılmıştır. Konu kitapta, Klasik Dönem ve Tanzimat Sonrası Osmanlı Aile Hukuku olarak iki bölüme ayrılarak incelenmiştir. İkinci bölüm içerisinde yer alan Hukûk-ı Aile Kararnamesi’nin hazırlanmasıyla İslam/Osmanlı aile hukukunda dört mezhebin görüşlerine yer verilerek radikal bir değişikliğe gidildiği belirtilmiştir. (shrink)

Devetnaesti vek za Rusku i Tursku carevinu predstavlja period donosenja reformskih zakona sa ciljem da se drzave modernizuju i, koliko mogu, odgovore duhu vremena. Premda su u Rusiji reforme kocene rezimom arakcejevstine i reakcionarnom politikom Nikolaja I, drzava je nacinila ozbiljan korak u borbi protiv sistemske korupcije donosenjem Krivicnog zakonika 1845. godine. Sa druge strane, Turska je bila pod nesumnjivo vecim stranim pritiskom kada je proces modernizacije bio u pitanju. Period tanzimata oznacava krupno razdoblje u kome se Turska, izmedju ostalog, (...) suocila sa sveprisutnom korupcijom. Krunu turskog reformatorskog rada na ovom polju predstavlja donosenje Krivicnog zakonika 1856. godine. U radu se analiziraju konkretni zakoni kojima je korupcija sankcionisana u ove dve carevine. (shrink)

The ramifications of modernity and the resultant challenges compelled Ottoman intellectuals and state officials to contemplate matters like as innovation, progress, and change. The pursuit of remedies to eradicate political, military, and economic deficiencies was similarly evident in the legal domain. Ziya Gökalp articulated his perspectives on the origins, societal efficacy, and adaptability of law within the framework of the Turkism movement, presenting several methodologies that redefined the interplay among religion, law, society, and state. The most characteristic method among them (...) is the internal sociological methodology of law, which he equated with his own identity. Other Turkist figures of the time supported this theory, which aimed to bring dynamism to Islamic law in line with modern demands and changing conditions, as well as to establish a national law-society-state relationship. Another approach put forward by Gökalp was based on the distinction between legal (qāḍāī) and ethical/spiritual (diyānī) aspects that were established in traditional Islamic law. In Gökalp's intellectual life that extends from the last years of the Ottoman Empire to the first years of the Republic, two different stages stand out. Gökalp, who tended to restructure jurisprudential concepts with an original interpretation in the late Ottoman period, became a persistent defender of the distinction between religion and state as well as religion and law in the Republican period. However, he did not deny the role of religion in the existence of the nation and emphasized the place of religious institutions, such as the office of Sheikhul-Islam, in the Republican period. Although he took the traditional jurisprudential perspectives into consideration, he could not escape from the criticism of his fellow intellectuals such as İzmirli İsmail Hakkı, who represented the traditional understanding. This article addresses Ziya Gökalp's views that he developed on fiqh and sociology in the Turkish modernisation process and sheds light on the possible reflections of these views on the Republican period. (shrink)