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TURKISH LEGAL HISTORY

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Learning Outcomes

  • explain the importance of the history of Turkish Law, and state its sources.
  • determine the importance of the history of Turkish Law.
  • list the sources of the history of Turkish Law.
  • indicate the sources of pre-Islamic Turkish Law, explain the common and civil codes in pre-Islamic Turkish states.
  • list the sources of pre-Islamic Turkish Law.
  • list the religions of Turks in pre-Islamic times and explain their doctrines.
  • know the state administrative systems and penal codes of pre-Islamic Turkish states.
  • explain the civil codes of pre-Islamic Turkish states.
  • explain the basic sources of Islamic Law and Islam’s doctrinal schools.
  • know the position of the Qur’an, the sunnah, the idjma, comparison, imitation and fatwas within Islamic Law.
  • know and explain the sects of Islam and their doctrines.
  • know Islamic Common Law.
  • explain the institution of the caliphate.
  • define the concept of dhimmi and list the legal statuses of dhimmis.
  • list the taxes in Islamic Law.
  • know the Islamic Penal Code.
  • know the Islamic judicial system and its trial procedures.
  • know Islamic Civil Law.
  • define the concept of legal person in Islamic Law.
  • define the concept of marriage within Islamic Family Law, know the ways to terminate marriage, explain the concepts of ancestry and parental guardianship.
  • know Islamic Inheritance Law.
  • define the concept of foundation, list and explain the kinds of foundations.
  • explain the kinds of contracts in Islamic Debt Law.
  • define the concept of property in Islamic Law, list the elements making up property.
  • know Ottoman Common Law up to the Tanzimat Period.
  • know the Islamic and Turkish Islamic states, which influenced the Ottoman State as far as common law is concerned.
  • list and explain the elements making up the Ottoman State.
  • know the central administration of the Ottoman State.
  • know the nature and way of functioning of the Ottoman land holding system.
  • explain the administrative organisation of the Ottoman provinces.
  • analyse the way Turkish Law evolved after the Tanzimat reforms.
  • know the roots of the Tanzimat movement.
  • explain the legal aspects of the Tanzimat and Reform decrees.
  • explain the changes in Ottoman Common Law during the Tanzimat period.
  • know the Ottoman Civil Law during the Tanzimat period.
  • list the characteristics of the judiciary organisation during the Tanzimat period.
  • evaluate the effects of the legal changes that happened during the Tanzimat period on the laws of the Republic of Turkey.
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