奥斯曼帝国法庭中的苏丹法与伊斯兰教法:对世俗法存在的分析

Husnul Fatarib, Meirison Meirison, Desmadi Saharuddin, Muchlis Bahar, Suud Sarim Karimullah
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引用次数: 0

摘要

本文旨在描述法律二元论对奥斯曼帝国的影响。君士坦丁堡被占领后,苏丹穆罕默德·法提赫制定了一项重大政策,包括颁布有利于社会的法律法规;其次,奥斯曼帝国内部也存在着二元论制度,这在苏丹苏莱曼一世统治时期是显而易见的。在这一时期,主要是招募外国人,外国商人开始在权力的巅峰时期不受惩罚。这引发了几个问题,比如苏丹是否可以自由地制定他们想要的法律,或者伊斯兰法律是否仍然对他们有约束力?苏丹的法律是来自奥斯曼帝国的创新,还是前一个王朝以投降的形式遗留下来的?为了解决这些问题,作者对不同类型的文学进行了比较历史分析。我们对Qānūn的立场采用了描述性定性的方法,该立场是外国干预一个强大但政治政策薄弱的帝国的跳板,这个帝国偶尔会偏离伊斯兰教法的走廊,而伊斯兰教法已经成为习惯和民族文化。在危机期间,与伊斯兰走廊分离的宽容偏离了轨道。这成为一个在各个方面都具有完整性的国家机构的法律二元论的跳板。关键词:苏丹法,伊斯兰教法,司法,奥斯曼
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Sultan's Law and Islamic Sharia in The Ottoman Empire Court: An Analysis of The Existence of Secular Law
This article aims to describe the impact of legal dualism within the Ottoman Empire. After Constantinople was taken over, Sultan Muhammad Al-Fatih instituted a significant policy, including issuing laws and regulations for the benefit of society; then, there was also a dualism system within the Ottoman Empire, which was visible during the reign of Sultan Sulaiman I. During this time, foreign nationals were mainly recruited, and foreign traders began to gain impunity at the peak of power. This then prompted several questions, such as were the sultans free to create the laws they wanted, or was Islamic law still binding on them? Was Sultan's law an innovation from the Ottoman Empire or a legacy from the preceding dynasty in the form of Capitulation? To address those issues, the authors conducted a comparative historical analysis of various types of literature. We used a descriptive qualitative approach to Qānūn's position, which served as a springboard for foreign intervention in an Empire that was strong but weak in political policies which occasionally strayed outside the corridor of Islamic Sharia which had become customary and national culture. The tolerance separated from the corridors of Islam derailed during the crisis. This became a springboard for legal dualism in a state body with integrity in various dimensions.Keywords: Sultan's Law, Sharia, Judiciary, Ottoman
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来源期刊
CiteScore
1.60
自引率
0.00%
发文量
16
审稿时长
12 weeks
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