HUK380

School of Law \ Law

3

4

Elective

Turkish

-

Law Bachelor Degree

Islamic Law is a branch of law in which the rules of law arising from the Islamic religion are examined, interpreted and the principles of implementation are explained. The scope of this course, which is related to the history of law, includes family, property, inheritance, contract and debt relations and sanctions in Islam. In addition, the historical effects of Islam on legal systems are among the topics covered by the course. In this context, Mecellei Ahkamı Adliye and Hukuk-i Aile Kararnamesi, which were prepared under the intense influence of Islamic law especially in the last periods of the Ottoman Empire and which is one of the most important codification movements, are examined within the scope of the course.

Hatemi, Hüseyin: İslam Hukuku Dersleri, Sümer Publishing, 2012.
Ülker, İbrahim: İslam Hukukunda İnsan Hakları, Adalet Publishing, 2021.
Akman, Ahmet, İslam Borçlar Hukuku, Yetkin Publishing, 2023.
Candan, Abdurrahman: İslam Hukuku I, Gazi Publishing, 2020.
Aslan, Mehmet Selim: İslam Hukuku II, Gazi Publishing, 2020.

Islamic law and the Islamic legal system constitute the foundations of one of the 3 most common legal systems in the world as of today. Within the scope of this course, it is aimed to gain knowledge about the sources, concepts and general principles of Islamic law. In addition, it is aimed to provide information about the place of Islamic law in other legal disciplines and its relationship with them and to raise awareness about the contributions of Islamic law to legal science and existing legal systems.

1. Gains knowledge about the sources, basic concepts and general principles of Islamic law.
2. Compares the values and principles of law from the perspective of Islamic law; comprehends the relationship between other legal disciplines, distinguishes similarities and differences.
3. Distinguish the different characteristics of the norms of Islamic law from other legal norms and have the ability to apply these norms to concrete cases.
4. Recognizes the historical and sociological conditions in which the rules of Islamic law emerged.
5. Has the ability to apply the methodology of Islamic law such as interpretation of the rules of Islamic law, syllogism and ijma in cases where there are no rules.

Week 1: Definition of Islamic law, basic concepts, objectives and general characteristics are explained.
Week 2: A detailed concept survey on Islamic law is made and especially concepts such as fiqh, nass, ijtihad, mashep are examined.
Week 3: The relations of Islamic law with disciplines such as Tafsir, Hadith and Kalam, which are among the basic Islamic sciences, are discussed.
Week 4: General information about Islamic law and methodology is shared. In addition, the similarities and differences of Islamic law with other legal sciences are explained by giving examples.
Week 5: The contributions of Islamic law to the science of law, the innovations it brought, the legal and moral system before it, and the position it took against the basic approaches of the jahiliyya period are discussed.
Week 6: Sources of Islamic law; evidences such as the book, sunnah, ijma; methods such as comparison and istihsan are covered in detail.
Week 7: The theory of judgment in Islamic law, the propositional and the Vaz'i judgments are presented. In particular, the concepts of condition, reason, and mania as Vaz'i provisions; The concepts such as the distinction between obligatory and wajib, halal, haram, mendub, mubah, mustahab in the proposed provisions are covered.
Week 8: The concepts of obligation and, accordingly, the concepts of legal capacity are entered, accordingly, the concepts of vucub and performance capacity are examined. In addition, the issue of capacity problems are examined in detail.
Week 9: The concepts of sect, ijtihad, tedvin and the phenomenon of dispute are mentioned. The stages of Islamic legal history and sect structuring are explained. The founders of the main sects that emerged around Islamic law, their basic features and the geographies where they spread are presented.
Week 10: The last phase of Islamic law, the codification period, is touched upon. Information is given about the Mecelle-i Ahkamı Adliye that emerged in this period.
Week 11: General principles of Islamic law and sample articles from the introduction of Mecelle are presented.
Week 12: The last phase of Islamic law, the codification period, is continued and an examination is made about the Hukuk-ı Aile Kararnamesi.

• Midterm 40 %
• Final 60 %