Late Ottoman modernization in jurisprudence: reasessing the approach to the Islamic tradition of fıqh (1908-1915)

Zobu, Simge
This thesis aims to comprehend late Ottoman Modernization by focusing on the analysis of the approaches and discourses, argued by the limited circle of the ulema, on the Islamic tradition of fıqh between the years 1908 and 1915. The scope of this study is bounded by how the ulema problematized the Islamic tradition of fıqh, and how they reinterpreted its concepts, such as örf, maslahat, istislah, istihsan, during the Second Constitutional Era, in which the idea of law began to be transformed. Within the context of the Islamic tradition of fıqh, the transformation in the way fıqh was approached and how it impacted the intellectual climate will be the main focus of attention throughout the thesis to make sense of the wisdom of the Ottoman legal experience of post-Second Constitutional Revolution. The new conception of fıqh of the ulema also resulted in the reassessment of the capacity of making law, the capacity of interpreting law, and of those that were entitled to the right of having a say in legal and religious matters, as well as the determination of the boundaries of this authority. This study will also dwell upon to discuss the comprehensiveness of fıqh in contrast to the modern sense of law. Accordingly, discourses of the ulema analyzed throughout the thesis, tell us that the modern sense of law brought a new perception of fıqh without disregarding it. Hence, what the ulema intended was to prove the adequacy of fıqh.


Two versions of enlightenment state in the late Ottoman era: Protectionist state versus liberal state in the works of Akyiğitzade Musa and Mehmet Cavid
Balcı, Sarp; Yalman, Osman Galip; Department of Political Science and Public Administration (2004)
The initial concern of this thesis is to understand the historical conditions that conditioned the two writers (Akyigitzade Musa and Mehmed Cavid) who had written on economic issues in the late Ottoman era, in addition to display their perception of state in their essential works. Thus, in order to locate these two writers in a historical time-frame and to explore the understanding and the reality of the Ottoman state at the end of the nineteenth century, the thesis is dealing with the major issues of the O...
Multi-functional buildings of the T-type in Ottoman context : network of identity and territorialization
Oğuz, Zeynep; Altan, Tomris Elvan; Department of History of Architecture (2006)
This thesis focuses on the Ottoman buildings with a T-shaped plan and their meanings with respect to the central and centrifugal tendencies in the Ottoman context in the fourteenth, fifteenth and early sixteenth centuries. The emergence of the multi-functional buildings of the T-type in the Ottoman realm is simultaneous with the burgeoning of a state in the early Ottoman frontier milieu, which is profoundly intermingled with the notion of gaza; whereas the demise of the use of the T-plan is coincident with ...
The Neo - Kemalist arguments on the counter - revolution debates in Turkey
Bengisun, Egemen; Ayata, Ayşe; Department of Political Science and Public Administration (2018)
This thesis traces the origins and eventual construction of the discourse of “counter – revolution” in Turkey. The main actors of this discourse could be analysed in three intellectual circles which are former Cadre members, two leftist Kemalists: Mihri Belli and Doğan Avcıoğlu and the Neo – Kemalists. Although these groups set forth their ideas regarding “counter – revolution” in very different historical contexts, there is an ideological intertwinement between them. The Neo – Kemalists, an intellectual gr...
Travel, civilization and the east : Ottoman Travellers’ perception of “the east” in the late Ottoman Empire
Palabıyık, Mustafa Serdar; Yurdusev, Ahmet Nuri; Department of International Relations (2010)
This thesis analyzes the Ottoman travellers’ perception of “the East” in the late Ottoman Empire. In doing that, it links the Ottoman intellectual debates on the concept of civilization to their perceptions on the non-European lands and peoples. It mainly argues that the Ottoman intellectuals’ attempt to create a synthesis between the material elements of Western civilization and their own morality resulted in a perception of the East different from the Western perceptions. While the Western perceptions env...
Surplus-receivers (Zevaid-Horan) from imperial waqfs: between philanthropy and political economy
Aslanmirza, Özge; Orbay, Kayhan; Department of History (2017)
This study examines the place of surplus-receivers in the waqf institutions through their contribution to the philanthropy and the political economy of the 16th-17th century Ottoman Empire. The study specifically focuses on surplus-receivers to reveal who they are, what their place and importance in the waqf, how and on which base they were assigned to these duties and how they can be interpreted in the context of the philanthropy by the examination of mainly the registers of zevāid-horān and waqf account b...
Citation Formats
S. Zobu, “Late Ottoman modernization in jurisprudence: reasessing the approach to the Islamic tradition of fıqh (1908-1915),” M.S. - Master of Science, Middle East Technical University, 2020.