çetinkaya, esra istanbul üniversitesi - hukuk fakültesi - hukuk tarihi abd, Turkey

Loan Agreement in Ottoman Law as seen from the Kadi Court Registers of Tokat

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In this study depending on the records of Tokat Court dated 1805-1843/1220-1258, loan agreement in Ottoman law has examined. Due to the Ottoman law based on Islamic law, primarily, loan agreement has examined theoretically in the framework of Islamic law sources and then Tokat Court records have discussed in the reflected direction of the application on the basis of Ottoman law. The fatwas recorded in the registers have taken as the source as well as Islamic theoretical works. In addition, loan agreement has examined in Roman and Turkish law and then the results obtained have compared with Ottoman law practice. As a result of this study, contradiction has not detected between theoretical sources of Islamic law and the Tokat Court records. In fact, it has observed a great fit between theory and practice.

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Loan agreement , Ottoman law , Tokat , court records (sicil).

Hukuk Araştırmaları Dergisi

311