THE QADI ESTABLISHMENT IN THE HISTORY OF TURKISH LAW

Abstract

The qadi establishment, not only as an administrative and judicial office, but also as one of the most fundamental establishment of the state, has an important place in the rooting and strengthening of the bureaucracy of the Ottoman Empire. In the legal system of the Ottoman Empire, where the shariah law was at least as decisive as the customary law and the qadi establishment was always the highest priority public service. Qadis have been accepted as the cornerstone of the class of ulama throughout the entire Ottoman history. So much so that qadis had a political charisma with their superior authority, serious responsibilities and deterrence on both state officials and the people. Political charisma was followed by social prestige, the influence of which extends to the present day. What really strengthens the power of the qadis is the sensitive tasks they undertake. The judges, who played the most important role in the realization of the understanding of “justice is the foundation of state”, left behind many documents that shed light on the history of law and politics. Thanks to the qadi records, qadi registers and all other documents related to the qadi that have survived to the present day, detailed information about the Ottoman history, Ottoman culture and Ottoman civilization can be obtained. Importance, effects and results of the qadi establishment, especially the aforementioned documents, will be examined with a comparative approach in this article.