Course Unit Code | Course Unit Title | Type of Course Unit | Year of Study | Semester | Number of ECTS Credits | Tİ105 | Legalization Activities in History of Islmic Law | Elective | 1 | 1 | 6 |
|
Level of Course Unit |
Second Cycle |
Objectives of the Course |
To enable students to have a comprehensive idea about the legalization activities, which gained momentum in Islamic countries since the nineteenth century and are considered a concrete indicator of the effort to harmonize classical Islamic fiqh with modern needs. |
Name of Lecturer(s) |
Doç. Dr. Yusuf ŞEN |
Learning Outcomes |
1 | Summarize the historical course of the codification tradition in the history of law. | 2 | Explain the importance of the Tanzimat period in terms of codification. | 3 | Explain the preparation, content and importance of the Ottoman Land Code. | 4 | Explain the preparation, content and importance of the Mecelle. |
|
Mode of Delivery |
Normal Education |
Prerequisites and co-requisities |
none |
Recommended Optional Programme Components |
none |
Course Contents |
After giving general information about the tradition of codification in different legal systems and Islamic law, codification activities and main examples of codification in the Ottoman Period and contemporary Islamic countries will be discussed. |
Weekly Detailed Course Contents |
|
1 | Overview of the tradition of codification in the history of law | | | 2 | The tradition of codification in the history of Islamic law | | | 3 | The reasons that prepared the legalization movements in the Tanzimat period | | | 4 | Legislation activities in the Tanzimat period | | | 5 | land code | | | 6 | Mecelle-i Ahkam-i Adliye: Its preparation and implementation | | | 7 | Mecelle-i Ahkam-i Adliye: Its content, systematics and literature | | | 8 | Family Law Decree | | | 9 | Other codification efforts in the Ottoman period: Works of Kadri Pasha | | | 10 | Other codification efforts in the Ottoman period: Codification activities in Egypt and Tunisia | | | 11 | Codification activities in contemporary Islamic countries: Indian Subcontinent | | | 12 | Codification activities in contemporary Islamic countries: Egypt and Syria | | | 13 | Codification activity in contemporary Islamic countries: Iraq and Jordan | | | 14 | Legislation activities in contemporary Islamic countries: Tunisia, Morocco and Gulf countries | | |
|
Recommended or Required Reading |
[1] Hıfzı Veldet Velidedeoğlu, Kanunlaştırma Hareketleri ve Tanzimat, Tanzimat- I, İstanbul 1940. mç 139-209
[2] Osman Öztürk, Osmanlı Hukuk Tarihinde Mecelle, İstanbul 1973
[3] Vehbe ez-Zuhayli, Cuhûdu taknînil-fıkhil-islâmî, Beyrut 1987
[4] Gülnihâl Bozkurt, Batı Hukukunun Türkiye´de Benimsenmesi, Türk Tarih Kurumu, Ankara 1996 |
Planned Learning Activities and Teaching Methods |
|
Assessment Methods and Criteria | |
Midterm Examination | 1 | 100 | SUM | 100 | |
Final Examination | 1 | 100 | SUM | 100 | Term (or Year) Learning Activities | 30 | End Of Term (or Year) Learning Activities | 70 | SUM | 100 |
| Language of Instruction | | Work Placement(s) | none |
|
Workload Calculation |
|
Midterm Examination | 1 | 1 | 1 |
Final Examination | 1 | 1 | 1 |
Individual Study for Mid term Examination | 89 | 1 | 89 |
Individual Study for Final Examination | 89 | 1 | 89 |
|
Contribution of Learning Outcomes to Programme Outcomes |
|
* Contribution Level : 1 Very low 2 Low 3 Medium 4 High 5 Very High |
|
|