Osmanlı Yargılama Hukukunda Şuhûdü’l Hâlin Statü ve Mesleklerinin Tahlili

Şuhûdü'l Hâl” assists the judge in the Ottoman judicial organization and has been included in the qadi records for centuries. “Şuhûdü'l Hâl” is not only encountered when the qadi is doing judgment, but also in his duties other than judgment. The institution is playing a role in ensuring the legal validity of the documents and being a means of proof. It contributes to the judge to make an impartial and independent decision, and to the public and supervision of the trial. This study differs relatively in that it deals with the subject from a “history of law” perspective and focuses on the members of “Şuhûdü'l Hâl” in the Ottoman social structure. The study did not focus on a spesific century or region, but especially benefited from the data in the classical period qadi records. It is possible to express the results of the research as follows: Status and professions add a special meaning to “Şuhûdü'l Hâl”s availability while the judicial activity is being carried out. The fact that people from both “askerî” and “reaya” groups take place in “Şuhûdü'l Hâl” makes this committee a mirror of the society. The presence of people such as “müderris” and “müfti” in the committee enabled the practical and theoretical dimensions of the law to be together. The presecence of “ilmiye” group who are respected among the people are effective in the gaining legitimacy of the judgments. The position of officials such as the “sadrazam” and “beylerbeyi” from “ehl-i örf” in the commitee, reveals the importance of the institution. When the members of “reaya” are examined, it is seen that there is a diverse committee members; people from statu of “zimmi”, tradesmen and crafts, masters of the profession and “kethüda” from organization of lonca, the parties and witnesses of the other cases in the same court, people from all levels of society and rarely women. This situation has an important role in the acceptance of the decision in the eyes of the society. The Ottoman experience reveals that the decisions to be taken with the publicity as a rule and the judge followed by people from all levels from community reinforced the sense of justice in the conscience of the society.