Osmanlı Şeyhülislamlarının Siâye (Jurnalcilik) Konusundaki Fetvaları ve Hanefî Doktrinine Katkıları
Fatwās of Ottoman Shaykh al-Islams on Si'āya (Delation) and Their Contribution to Hanafī Doctrine

Summary/Abstract: Many issues in the Hanafī Madhhab are solved with the method of takhrīj. One of these issues is the subject of si'āya. Si'āya is that a person causes financial and bodily harm to other person by unfairly complaining to a cruel authority. A rich material has emerged overtime on the issue of siāyah, which was determined by using the method of takhrīj by comparing different usūl and furu issues within the madhhab. In the Ottoman period, it is observed that the discussions and fatwās related to delation [si'āya] have increased. The subject of si'āya has been handled under the topics that concern many areas of fiqh, especially the law of obligations, criminal law and trial procedure. The Shaykh al-Islams made the view which muta'akhkhir ulama adopted about the compensation responsibility of delation, as a main principle used in analogy (qiyas) to solve problems in fatwas. Based on the principle, Shaykh alIslams gave fatwās about new issues regarding delation. In this study, considering the mentioned issues, the contribution of Shaykh al-Islams and Hanafī scholars living in Arab lands to the issues related to si'āya will be revealed in the context of compensation responsibility.

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