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Eski Türklerde ve Osmanlı Devletinde Meşruiyet İnancı Bağlamında Devlet Başkanının Belirlenmesi

Journal: Necmettin Erbakan Üniversitesi Hukuk Fakültesi Dergisi (Necmettin Erbakan University Faculty of Law Review) (Vol.5, No. 2)

Publication Date:

Authors : ;

Page : 501-533

Keywords : Legitimacy; Presidency; Belief in Kut; Ottoman Law; Islamic Law;

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Abstract

Legitimacy is a word that has a close relationship and related with the words shar'i and sharia. In the literary sense, it is used in accordance with the Sharia, which is considered legitimate. Political Science and General Public Law use this concept to refer to the legal institutions and rules that have been established in accordance with the rules of law and morality. The method by which the head of state will be elected, whether he is a woman or a man, from which family or lineage he should come from or whether it is needed, education level, physical characteristics, etc. The answer to these questions lies in the belief in the legitimacy of the nation to be governed. Ignoring the belief in legitimacy regarding the determination of the head of state belonging to the nation, the powers changed hands by using force or violence, but it was seen that they could not last long as they did not gain legitimacy. History teaches that the way to stay in power is through the respect of the people. The monopoly on the use of force is a tool for the authorities to achieve public respect. If the authorities want continuity, they should transform into authority on a legitimate basis.. The Turks have a well-established state tradition. The source of legitimacy in the ancient Turks is the belief in kut. Kut is earned by birth, but it can be sustained with talent and success. Along with the acceptance of Islam by the Turks, there have been certain changes in the legitimacy beliefs regarding the determination of the head of state. In the determination of the head of state, the conditions and procedures of Islamic law regarding the determination of the head of state will also be applied. However, the state tradition from the Old Turks is not completely abandoned.

Last modified: 2022-12-30 20:59:46