Osmanlı Son Döneminde Siyâset-i Şer‘iyye Tartışmaları: İbnü’l-Hâzım Ferîd Örneği

It is possible to see the effects of encountering the West in Ottoman law thought, which experienced turbulent periods during the Tanzimat and after. Both the seeking in the form of administration, which has come to the fore to be changed, and the adaptations made from Western laws resonated with a broad audience from state officials to thinkers. Undoubtedly, one of the issues at the center of the discussions is the suitability of these new regulations to politics and the extent to which religious laws will be included. As a result, a rich literature consisting of many books, articles, and treatises written according to different theories and world views has emerged, especially due to the relief that was supposed to have occurred after the II. Constitutional Monarchy, a suitable environment was created to discuss some laws, especially the regulations such as Qanun al-Asasi (the Constitution). Ibnu'l-Hazim Ferid (d. 1938), one of the intellectuals of the period, was a versatile Ottoman intellectual who had both classical madrasah and law education, actively worked in the courthouse for years, and had literary talent. The article series "Siyâset-i Şer‘iyye" by Ibnü'l-Hazim, which we will discuss in our study, dealt with more abstract issues such as justice, equality, and freedom, which were discussed in the context of religious politics in this period. However, in relation to these, it gave more space to the analysis of some articles of the Criminal Law of 1274/1858, which was more in effect. Besides, the judicial organization's problems, the procedure of judgment, and the problems experienced in the process that he described as the period of deprivation were also brought to the agenda in these articles. Ferîd often compared the laws of the period and expressed his deficiencies by focusing on politics. Among the wide-ranging content of the series of articles, in which some Western-based commercial practices and family law are also examined, the issues of legal philosophy and criminal law, which we think more represent the practical application of Islamic politics, will be examined.