TRANSFORMATION OF THE THOUGHT OF LAW IN THE LAST CENTURY OF THE OTTOMAN AND THE MAJOR DISCUSSION TOPICS

In Ottoman legal thought researches; we think that the last centuries of the Tanzimat and Constitutional eras in which the issues discussed in the past such as westernization in the law, legalization, a new fiqh way, law and religion relation, secularism are seriously addressed for the first time are more important than the classical turbulence and the republican period. However, the law in this period remained in the shadow of politics and political thought, and it could not be fully utilized from the fringe of the fancy debates between different ideas. The bureaucrats and intellectuals who created legal thought through these discussions dominated Western theories of law that had a long historical experience of Ottoman state tradition and developed under the influence of philosophy of enlightenment. In addition, this period is one of the most important turning points in Islamic and Turkish law history. This is in terms of the fact that the first serious revival movements after the first period of the Islamic legal history have emerged and that there has been an equivalent change in the history of Turkish law due to the acceptance of the Islamic religion and therefore the legal system.