Tanzimat Döneminde Şahitlerin Tezkiyesi ve Buna Yönelik Eleştiriler

The activity of investigating whether the witnesses to be heard in the case are fair and reliable is called tezkiye. As a rule, the act of tezkiye is carried out by the judge who handles the case. In this study, the reflection of the tezkiye institution in Tanzimat period will be examined which applied in Islamic law and the Ottoman Empire. In this respect, the articles related to tezkiye in the laws of the Tanzimat period, will be examined. Later, in the light of two articles published in Ceride-i Adliye during the last period of the Ottoman Empire, the reviews brought to the tezkiye institution will be discussed. Finally, the applicability of this institution today will be discussed. This issue is important in terms of showing the change of “tezkiye” of the witnesses applied in the courts since the first periods of the Ottoman Empire. The “tezkiye” of the witness, which did not change much in terms of practice and procedure from the foundation of the Ottoman Empire to its collapse, has been the subject of reviews in the last years of the state. These reviews were manifested on the basis that the procedure of “tezkiye” needed reform. It is also important in terms of showing the benefits of the institution which is not applied in our positive law can provide witness evidence