Darguzini Hasan Rıza and his work as an addition to the Majalla Cover Image

Dergüzînî Hasan Rıza ve Mecelle’ye Tetimme Mahiyetindeki Eseri
Darguzini Hasan Rıza and his work as an addition to the Majalla

Author(s): Fatih YAKAR
Subject(s): History of Law, Civil Law, Islam studies, The Ottoman Empire, Sharia Law, Qur’anic studies
Published by: Tekirdağ Namık Kemal Üniversitesi İlahiyat Fakültesi
Keywords: Majalla; al-Ahvāl al-shahsiyya; Kadri Pasha; Darguzīnī; Feminism;

Summary/Abstract: 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.

  • Issue Year: 8/2022
  • Issue No: 1
  • Page Range: 351-385
  • Page Count: 35
  • Language: Turkish