Statute of Limitations (Mürûr-I Zamân) in Ottoman State Law in 17th and 18th Centuries and Some Examples From Amid Court

Nonclaim statute, originating from Ancient Greek and Roman law, has been accepted by Islamic lawyers and been in force in Islamic law for a long time. It is known that the implementation of statute of limitations was frequently used in the Ottoman State, and referred in the books of the cadi and in the fatwa collections. The purpose of the study is to examine the cases of over 10-15 years reflected in the Amid court in the 17th and 18th centuries while examining their relevance to the statute of limitations fact/presumption. Another subject that the study aspires to is the generalization problem. We often encounter this mistake/deviation in the statute of limitations subject as well as the studies specific to history. Despite the existence of fact/presumption of statute of limitations in law, this presumption is considered to have not been always executed in the same way everywhere. From this point of view, passing final and absolute judgement on the statute of limitations is remarked in this study as a problem for the researchers.