Abstract:

The Islamic sects that emerged as a result of the needs of the Islamic states and their societies and institutionalized to over time have found application areas for a period of more than a century in the Islamic world. The Ottoman Empire has maintained the same tradition and based on the Hanafi sect in the spiritual law field. It is of great importance in terms of history law to understand to what extent this law based on one sect responds to the needs and development of society, how it provides adaptation between theory and pratic, how this law plays a role in ensuring stability and justice in legal life. Besides, there is also a need for this law to interpret the development and change of time correctly. The Ottoman scribes have tried to apply the most authentic views of the Hanafi sect, but as a result of the change of conditions, they have sought various searches when the related opinion was not realized on an affair. Within this scope, they have paid attention to remain in the sect by making into it a mandatory law rule with the approval of the padishah, since they have not been able to change the judicial opinion which has become rooted in the sect in time and has been given a fatwa with the denomination due to their understanding of one sect law. However, in some issues related to individuals in which the judgment in the sect was not sufficient or damages the public conscience, they had recommended being shafii until 944/1537. While it was continuing to practice this direction with an edict published at that time, the issue of being shafii was completely prohibited in the Greek land. To be shafii is to be treated with Shafii utterance in an issue of a person who upholds the Hanafi sect. In this case, the person will apply either directly to the shafii judge or indirectly to the shafii public defender is assigned by Hanafi judge, in order to solve the problem. Because, since before now, Hanafi sect and Shafii sect have been integrated with one another both in the process of formation and in terms of geography and activity in which they spread. Consequently, Ottoman scribes not only know the different views of Shafii sect but also point the way them to Shafii kadi, even in limited areas. As far as it can be determined, some issues that they have been proposed before this date are as follows: - To benefit from the parent leave requirement of the marriage in Shafii wedding to avoid from the hull, in case of divorce through three divorces in a legitimate marriage, - To benefit from the possibility of discrimination, because the man in Shafiis’ does not fulfill his/her alimony responsibility, in case of the husband's disappearance and need for alimony of the spouse, - To take advantage of the opportunity to give up in Shafii sect without breaking the oath, after he takes the oath, - It is to claim that the dance and the fate which is not seen as legitimate by the Ottoman scribes are made on the Shafii sect. It has been researched that reasons for the removal of the possibility of being Shafii which is the field of application since before now in the study. As a result, it has been concluded that the claim of some of the Sufi circles render the dance and fate by being Shafii with the exception of the proposal of some Ottoman scribes to avoid legal prosecutions have an effect on the prohibition. Scribes have been unable to respond to the claim of Sufis’ since it has been a solution method proposed by them. Therefore, this situation has resulted in a lack of legal basis for legal investigations into the environment. It has been determined that the security problem of the state has been trying to overcome by being forbidden to be Shafii with the edict of the padishah since there is nothing, they can do in the sect. In the meantime, while there are many practices that show that there is a passing of imitations, even in certain issues, which accept the tecezzis of the imitation, the Ottoman legal system is limited to a single denomination on one hand and a Sharia field is regulated by law. It can be said that the security-priority approach, based on the example of the Teşeffu', has narrowed the flexibility of sharia law towards single sectarian law, and this situation has continued to some extent until the decree of jurisprudence. With the loss of legal flexibility in this field, individuals, unfortunately, hiding, denial, hülle, etc. It is seen that he tries to overcome the ways that sharia law does not approve at all. However, after the ferment, we perceived a threat of security and continued to propose the use of different denominations that would allow statesmen to act in accordance with public authority on issues related to mulhid. This situation reveals that the Ottoman jurists act with the responsibility of being a statesman as well as being a cleric.

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