Özet:

“Hukuk-ı Aile Kararnamesi”, which mainly includes issues related to sharia law, has a very important position in the history of Islamic Law in the context of legislative activity. “Hukuk-ı Aile Kararnamesi”, which is one of the leading regulations of the codification activities that started with the Tanzimat Period, stands in a distinguished place in terms of Ottoman Law Legislation, especially in terms of codifying the jurisprudence opinions other than the Hanafi Sect. Therefore, “Hukuk-ı Aile Kararnamesi” is a regulation that should be examined in terms of both the method of preparation and the legitimacy of the provisions contained within the framework of the Islamic legislative activity rules. In this study, Hukuk-ı Aile Kararnamesi has been tried to be evaluated in terms of both Islamic and Ottoman law legislative activities. In the introduction part of the article; The place of Hukuk-ı Aile Kararnamesi in the Ottoman legal acquis was briefly explained, and then information was given about the reasons for the preparation of Hukuk-ı Aile Kararnamesi and its content. In the next stage of the study, the legislative activity of Islamic law is discussed in general terms. After this preliminary information, it has been explained how Hukuk-ı Aile Kararnamesi was prepared. Subsequently, Hukuk-ı Aile Kararnamesi was examined in the context of Islamic law legislative activity. In this study, the legitimacy analysis of the provisions other than the Hanafi views, which was not very common in the Ottoman legal practice, was focused on, based on the "telfiq process".

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