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Information
| Code | TİB1716 |
| Name | Islamic Jurisdiction Law |
| Term | 2024-2025 Academic Year |
| Term | Spring |
| Duration (T+A) | 3-0 (T-A) (17 Week) |
| ECTS | 6 ECTS |
| National Credit | 3 National Credit |
| Teaching Language | Türkçe |
| Level | Yüksek Lisans Dersi |
| Type | Normal |
| Mode of study | Yüz Yüze Öğretim |
| Catalog Information Coordinator | |
| Course Instructor |
1 |
Course Goal / Objective
It is aimed to teach the importance of the judicial apparatus in Islam, the importance of the court process and the theory of rights and what kind of measures to apply for the fulfillment of the right, etc.
Course Content
The importance of the judiciary, general information about the judiciary, the history of the organization, the court and its duties, court employees, the theory of the case, evidence and burden of proof, arbitration, prison and enforcement
Course Precondition
There are no prerequisites.
Resources
Fahrettin Atar , İslam Yargılama Hukukunun Esasları,M.Ü. İlahiyat Fakültesi Vakfi Yayınlari.
Notes
Nasi Aslan, İslam Hukukunda Yargılama Etiği ve İlkeleri, Karahan Yay. Abdülaziz Bayındır, İslam Muhakeme Hukuku - Osmanlı Devri Uygulaması, Süleymaniye Vakfı Yay. Yasemin Kurtoğlu, Osmanlı Yargılama Hukukunda İspat Vasıtaları, Adalet Yay.
Course Learning Outcomes
| Order | Course Learning Outcomes |
|---|---|
| LO01 | Understands the importance and differences of the concept of accident and fatwa. |
| LO02 | Knows the theory of litigation and its processes, comprehends the importance that Islam attaches to seeking rights and the devices of seeking rights. |
| LO03 | Knows that the right to claim is wrong, understands that justice should be sought in the judiciary. |
| LO04 | It analyzes that what is legal and what is halal will sometimes be different. |
Relation with Program Learning Outcome
| Order | Type | Program Learning Outcomes | Level |
|---|---|---|---|
| PLO01 | Bilgi - Kuramsal, Olgusal | Knows the historical development of the Islamic sciences and their methods, concepts and sources, is aware of the differences and similarities between them. | |
| PLO02 | Bilgi - Kuramsal, Olgusal | Knows schools emerged in the field of Tafsir, Hadith, İslamic Sects, İslamic Law, Mysticism, İslamic Teology throughout the history of Islamic thought and their process of formation, basic ideas, sources and their contributions to Islamic thought. | |
| PLO03 | Bilgi - Kuramsal, Olgusal | Analyzes and classifies historical experience and scientific knowledge in the field of Islamic sciences and uses it to solve current affairs. | |
| PLO04 | Bilgi - Kuramsal, Olgusal | Is equipped with skills to create solutions the basic religious problems according to the needs of today | 1 |
| PLO05 | Bilgi - Kuramsal, Olgusal | Has the knowledge to conduct a research using scientific methods and techniques in the field of basic Islamic sciences | |
| PLO06 | Bilgi - Kuramsal, Olgusal | Has the ability to read the basic religious texts and knowledge to explain and interpret them | 2 |
| PLO07 | Bilgi - Kuramsal, Olgusal | Follows national and international studies and publications on basic religious sciences and understands them | |
| PLO08 | Bilgi - Kuramsal, Olgusal | Has a scientific mindset releated with the academic area | 1 |
| PLO09 | Beceriler - Bilişsel, Uygulamalı | Speaks a foreign language fluent enough to use the international sources and share the information | 2 |
| PLO10 | Yetkinlikler - Bağımsız Çalışabilme ve Sorumluluk Alabilme Yetkinliği | Works in cooperation with public and private institutions related to the field | |
| PLO11 | Yetkinlikler - Öğrenme Yetkinliği | Produces scientific knowledge in the field of theology and analyzes them using a critical approach | |
| PLO12 | Yetkinlikler - Öğrenme Yetkinliği | Makes researches to solve the problems releated the field in accordance with social needs | |
| PLO13 | Yetkinlikler - Öğrenme Yetkinliği | Uses the appropriate methods, technical material and technological opportunities |
Week Plan
| Week | Topic | Preparation | Methods |
|---|---|---|---|
| 1 | The concepts of fatwa and kaza | Reading fetva and kaza articles from DIA | |
| 2 | Basic principles of judicial law | Reading mürâfaa and kaza articles from DIA | |
| 3 | Written sources of judicial law | Reading edebü'l- kadi article from DIA | |
| 4 | History of judicial organization | Reading adliye article from DIA | |
| 5 | Duties and powers of courts | Reading mahkeme article from DIA | |
| 6 | Court employees and subsidiary bodies | Reading kadı and naib article from DIA | |
| 7 | Types of courts | Reading mahkeme, mezalim and hisbe articles from DIA | |
| 8 | Mid-Term Exam | Exam | |
| 9 | Case Theory | Reading dava article from DIA | |
| 10 | Party proceedings terminating the proceedings | Reading af, sulh, ibra articles from DIA | |
| 11 | Evidence and burden of proof | Reading delil, karine, ikrar, kasame ve şahitlik articles from DIA | |
| 12 | Trial, interim decisions and judgment | Reading hüküm article from DIA | |
| 13 | Arbitration | Reading tahkim article from DIA | |
| 14 | Prison and arrest phases | Reading hapis article from DIA | |
| 15 | Execution and seizure | Reading haciz article from DIA | |
| 16 | Term Exams | Exam | |
| 17 | Term Exams | Exam |
Student Workload - ECTS
| Works | Number | Time (Hour) | Workload (Hour) |
|---|---|---|---|
| Course Related Works | |||
| Class Time (Exam weeks are excluded) | 14 | 3 | 42 |
| Out of Class Study (Preliminary Work, Practice) | 14 | 5 | 70 |
| Assesment Related Works | |||
| Homeworks, Projects, Others | 0 | 0 | 0 |
| Mid-term Exams (Written, Oral, etc.) | 1 | 15 | 15 |
| Final Exam | 1 | 30 | 30 |
| Total Workload (Hour) | 157 | ||
| Total Workload / 25 (h) | 6,28 | ||
| ECTS | 6 ECTS | ||