İlk Dönem İslam Tarihinde Yargının Kurumsallaşmasında Dört Halifenin Rolü
The Institutionalization of the Jurisdiction in the Early Phases -The Cases of Four Rightly Guided Caliphs.
Subject(s): Law, Constitution, Jurisprudence, Theology and Religion, History of Islam
Published by: Anadolu İlahiyat Akademisi
Keywords: Islamic history; four khalifs; Institutionalization of judiciary; judgement in Islam; justice;
Summary/Abstract: In society, the realization of justice depends on the rules of law. In order for the rules of law to be implemented into practice, it must be made into a law by the person holding the legislative power. As a requirement of the orders of the Quran, the rules of law began to be established in Medina period and these rules were put into practice by the competent Companions. During the caliphate of Hz. Ebubekir, the arrangements put into practice by Rasulullah continued. Also, the caliphate of Hz. Ömer was the most important turning point in the development and institutionalization of the judiciary. As part of the value that Caliph Omar gave to justice, he made efforts to develop the judiciary, and began appointing special cadets to all provinces, in particular the cities established under the wider borders. Hz. Omer closely followed all administrative officials, especially the judiciary, and sent them continuous informative advices on the full realization of justice. His informational letters still hold an important position in judicial history. After Hz. Ömer, the period of the Hz. Osman period showed the institutional identity of the judiciary in spatial terms. In this sense, Hz. Ali also made important contributions towards the development of the judiciary. The period of four caliphs is a period in which judiciary independence is realized, where the judiciary is completely separated from judgement and legislation. In this period, even the caliphs stood trial by judges and there were decisions made against them. Despite this, theindepen dence of the judges did not suffer any harm but was rewarded.
- Issue Year: 2018
- Issue No: 37
- Page Range: 57-79
- Page Count: 23
- Language: Turkish