I= JUDICIARY SYSTEM DURING OTTOMAN CALIPHATE
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Title of Thesis
JUDICIARY SYSTEM DURING OTTOMAN CALIPHATE

Transliteration
KHILAFAT-I-USMANIA MAIN NIZAM-E-QAZA

Author(s)
Muhammad Aslam Khan
Institute/University/Department Details
Department of Islamic Studies/ Islamic University Bahawalpur
Session
1997
Subject
Islamic Studies
Number of Pages
446
Keywords (Extracted from title, table of contents and abstract of thesis)
ottoman caliphate, judiciary system, turkey, qadhis, quran & sunnah, sultan sulaiman azam, islamic judiciary, ifta

Abstract
The thesis contains six chapter, a preface the beginning and gist of dissertation in the end. The importance Islamic Judiciary system is discussed in the preface. The meaning of Qdha, linguistically and technically has also been explained. The first chapter discussed Judiciary system in chronological order right form pre-Islamic paganism. It also covers period of the prophet(PBUH) righteous caliph, Qmayyid’s Abbasid’s period.

The second chapter deals with short history of Turkey, its geographical location , climate culture& civilization. It through light on the distant feature of judiciary systems in Turkey.

The third chapter deals with modus operandi of Turkish Judiciary system. It is mixture of sharial & western courts. It also explains conditions laid down by Islam for appointment qualifications & dismissal of a Qadhi (Judge). In the end these is a complete discussion about the system of IFTA (giving legal opinion).

The fourth chapter discusses modus operandi of the learning of a suit law suit, its rejection, its cordialities its time limit have been explained in detail. The proofs of the claim witness its procedure, & prescribed course of instructions about it are also dealt with

The fifth chapter explains that Turkish judiciary system was functioning under a Shaikh Al-Islam & two Qadhis of camps of Romelia & Anatolia Therein we find gradation of Qadhais (judges) their duties & powers; their salaries & other privileges. In the end we find biographies of the judges this period.

The sixth chapter states the fact that all laws of ottoman caliphate has based on Quran & Sunnah. Sultan sulaiman Azam has made an other collection law under the name of Qaduh Namah which derived from laws made by his processors.

Download Full Thesis
4233.88 KB
S. No. Chapter Title of the Chapters Page Size (KB)
1 0 Contents
454.38 KB
2 1 Judiciary System, Historical Background 30
721.93 KB
  1.1 Judiciary System In Pre-Islamic Paganism 31
  1.2 Judiciary System In Prophets Period 41
  1.3 Judiciary In Orthodox Caliphate 51
  1.4 Judiciary In Qmayyids Period 70
  1.5 Judiciary In Abbsids Period 77
  1.6 Characteristics Of Islamic Judiciary 86
3 2 Judiciary During Ottoman Caliphate 100
1008.6 KB
  2.1 Turkey As Reflected In History 101
  2.2 An Introduction To Ottoman Caliphate 109
  2.3 Judiciary In Turkey Before Ottoman Caliphate( Saljuq Period) 155
  2.4 Judiciary In Ottoman Caliphate And Its Development 163
  2.5 District Feature Ottoman Judiciary Its Comparison With Islamic Judiciary Its District Feature 175
4 3 Practical Shape Of Judiciary In Ottoman Caliphate 191
607.73 KB
  3.1 Modus Operandy Of Judiciary 192
  3.2 Appointment Of Qadhi (Judge) And His Qualifications 195
  3.3 Etiquettes For Qadhi (Judge) 205
  3.4 Multifarious Courts And Their Jurisdictions 217
  3.5 “ Ifta ”( Legal Verdict) System 229
  3.6 Dismissal Of Judges 243
5 4 Decision Of Suits 249
791.83 KB
  4.1 Suit (Claim) Its Conditions, Rejection Of Claim And Its Time Limit 250
  4.2 Method Of Proof And Witness 267
  4.3 Arbitration & Reconciliation 286
  4.4 The Importance Of Counseling Legal Opinion In Suits 299
  4.5 Decision Its Conditions 314
  4.6 Concession For Observation & Review 319
6 5 Judges Of Ottoman Caliphate 323
354.68 KB
  5.1 Classification And Gradation Of Judges 324
  5.2 Duties & Power Of Judges 329
  5.3 Salaries & Other Benefits Of Judges 340
  5.4 Resourced Judges Of Ottoman Caliphate 346
7 6 Prevalent Islamic Laws In Ottoman Caliphate 360
816.85 KB
  6.1 Compendure Of Law During Ottoman Caliphate 373
  6.2 Historical & Legal Review Of Cases Suits Ottoman Caliphate 390