Özet:

The issue of appealing court decisions has been discussed in Islamic law. The majority of Islamic jurists have accepted an appeal of a court decision under certain conditions. This study firstly examines whether appeals are possible in Islamic law and what reasons occur for reversing a decision. In the history of Islamic law, many different establishments have been established that fulfill the function of an appeal these establishments were usually not directly charged with appeals. The Majlis-i Tadkīkāt-i Sharʿiyya (Meclis-i Tedkīkāt-ı Şer’iyye in Ottoman Turkish), which was established in the Ottoman Empire after the Tanzimat as an institution primarily responsible for appeals. The Majlis-i Tadkīkāt-i Sharʿiyya, examined appeals regarding the decisions given by the shariah courts. This institution was established in 1861 and ceased its ability to function after the sharia courts were assigned to the Ministry of Justice in 1917. The institution, which became operational again in 1920 before being abolished in 1924 alongside with the abolition of the Sharia courts. The study, secondly provides a general discussion of the Majlis-i Tadkīkāt-i Sharʿiyya. The Majlis-i Tadkīkāt-i Sharʿiyya presents an example of how appeals were conducted in Islamic law. The decisions taken at the Majlis-i Tadkīkāt-i Sharʿiyya between 1914-1917 were published in the Jarīdah al-Ilmiah (Ceride-i Ilmiyye in Ottoman Turkish). These decisions have been classified by stating the reasons for reversing a ruling in order to show the scope of the issues and decisions the Majlis-i Tadkīkāt-i Sharʿiyya examined and to understand how appeal reviews were conducted within the Islamic legal system. Thirdly, the study provides a classification of these decisions and the reasons given for reversals.

Anahtar Kelimeler: