Departments Supervised by the Rectorate · İZÜ Seçmeli Dersler · Undergraduate
ECTS: 3 T+P+L: 2+0+0 IZU Common Elective
Coordinator: Öğr. Gör. Yusuf AŞKIN
Instructors: Öğr. Gör. Yusuf AŞKIN
Course Objective
The purpose of this course is to introduce students to the "general principles" in Islamic law. Those 99 principles are written in the "Mecelle-i Ahkâm-ı Adliyye" which is a binding legal text made during the priod of Ottomans.
Course Content
Definition of law, definition of fıkh, sources of Islamic law, the essence of the general principles, 99 general principles of Mecelle, commentaries and explanations on them, related examples, comparison with today's systems, examples from legal principles in western legal systems that are called "Legal Maxims"
Required Resources
- Weekly PowerPoint presentations
- Haftalık olarak dağıtılacak PowerPoint sunumları
- Ali Haydar Efenfi, Dürerü'l Hükkam, Şerh-i Mecelleti'l Ahkam, Şerh-i Kavaid-i Külliyye, Alem Matbaası, İstanbul, 1313 Hicri---
- Ali Ulvi, Telhis-i Kavaid-i Külliyye, Istılahat-ı Fıkhiyye, Asadoryan Matbaası, İstanbul, 1317 Hicri---
- Atıf Bey, Mecelle-i Ahkam-ı Adliyye, Kavaidi Külliyye Şerhi, Mahmud Bey Matbaası, İstanbul, 1327 Hicri---
- Abdüssettar Efendi, Mecelle Şerh-i Teşrih, Mihran Matbaası, İstanbul, 1296 Hicri---
- Hacı Reşid Paşa, Ruhul Mecelle, Birinci Cild, İstanbul, 1326 Hicri---
- H. M. Ziyaüddin (Kal'a-i Sultâniyyeli Türkzâde), Mecelle-i Ahkam-ı Adliyye, Kasbar Matbaası, Dersaadet, 1311 Hicri ---
- Ömer Hilmi Efendi, Miratül Mecelle, Matbaa-i Mekteb-i Sınayi-i Şahane, İstanbul, 1298.
- Muhammed Ali Bey, Rehber-i Talibin-i Mecelle, Mahmud Bey Matbaası, İstanbul, 1305 ---
- Süleyman Hasbi, Tafsil Tavzih-i Kavaid-i Fıkhiyye ve Usuliyyetül Fi Evvel-i Mecelletül Ahkam-ı Adliyye, Matbaa-i Osmaniyye, İstanbul, 1299 ---
Recommended Resources
- Mecelle-i Ahkam-ı Adliyye ---
- Kâmûs-i Türkî, Şemseddin Sami
- Ekrem Buğra Ekinci, Ahmet Cevdet Paşa ve Mecelle, IQ Kültür Sanat Yayıncılık, 2016
Explanations
There will be an exam in the form of test
Rules
Students are expected to attend the class regularly
Course Learning Outcomes
- Students are expected to have richer vocabulary
- Students are expected to develop their reasoning and analytical thinking skills
- Students are expected to develop their problem-solving skills
- Students will be expected to have acquired a knowledge of the basic principles of Islamic law
- Students will be expected to have acquired the ability to make accurate decision
- Students will be expected to have basic knowledge on law and in particular İslamic law
Core Area Distribution
(22) Humanities%30 (31) Social and Behavioural Science%30 (38) Law%40
Teaching Methods
ExpressionQuestion-AnswerDiscussionExercise and PracticePresentationBrain StormingCase Study
Assessment & Evaluation
Testing (Essay / Tests: True-Falls, multiple-choice, short answer, matching)
ECTS / Workload
| Activity | Quantity | Duration (h) | Total Workload |
|---|---|---|---|
| Course Duration (Including Exam Week) | 16 | 2 | 32 |
| Out of Class Study Period | 14 | 3 | 42 |
| Midterm | 1 | 1 | 1 |
| Quiz | 0 | 0 | 0 |
| Assignment | 0 | 0 | 0 |
| Practice | 0 | 0 | 0 |
| Final | 1 | 1 | 1 |
Course Schedule
| Week | Subject | Preparation |
|---|---|---|
| 1 | Introduction to the Mecelle-i Ahkâm-ı Adliyye and definition of general principles and explanation of principles 1 - 5 | Students must read presentations of week and related parts in source books |
| 2 | Explanation of principles 6 - 13 | Students must read presentations of week and related parts in source books |
| 3 | Explanation of principle 14 - 20 | Students must read presentations of week and related parts in source books |
| 4 | Explanation of principles 21 - 27 | Students must read presentations of week and related parts in source books |
| 5 | Explanation of principles 28 - 35 | Students must read presentations of week and related parts in source books |
| 6 | Explanation of principles 36 – 43 | Students must read presentations of week and related parts in source books |
| 7 | Explanation of principles 44 – 50 | Students must read presentations of week and related parts in source books |
| 8 | Mid-term Exam | Mid-term Exam |
| 9 | Explanation of principles 51 – 58 | Students must read presentations of week and related parts in source books |
| 10 | Explanation of principles 59 – 65 | Students must read presentations of week and related parts in source books |
| 11 | Explanation of principles 66 – 72 | Students must read presentations of week and related parts in source books |
| 12 | Explanation of principles 73 – 80 | Students must read presentations of week and related parts in source books |
| 13 | Explanation of principles 81 – 88 | Students must read presentations of week and related parts in source books |
| 14 | Explanation of principles 89 – 95 | Students must read presentations of week and related parts in source books |
| 15 | Explanation of principles 96 – 100 | Students must read presentations of week and related parts in source books |
| 16 | Final Exam | Final Exam |