Mecelle’nin Külli Kaidelerinde Yapılan Söz Sanatları ve Bunların Yeni Külli Kaide Yazımındaki Örnekliği
Figures of Speech in the Mecelle's Complete Rules and Their Examples in Writing the New Complete Rules
Author(s): Hatice Keskin, Sead IbrićSubject(s): Islam studies, Turkish Literature, The Ottoman Empire, Sociology of Law, Rhetoric, Sharia Law, Sociology of Literature
Published by: SD Yayınevi
Keywords: The Majallah; general principles; rhetorical devices; law; literature;
Summary/Abstract: The Majallah is of great importance not only because it is the first legal text about Islamic law but also because it is a product of historical significance for Turkish literature. Particularly, the 99 general principles at the beginning of the Majallah are an abstract representation of many issues in Islamic law, expressed through various rhetorical devices. Although the Majallah, one of the rare texts where the relationship between law and literature can be evaluated, has been expressed by different authors to have employed various rhetorical devices in its general principles, no study analyzing them has been encountered. This study aims to identify the rhetorical devices used in the general principles, thereby creating a perspective on which rhetorical devices can be applied in the writing of general principles that will be easily memorized like proverbs, and become part of the vernacular. For this purpose, data was collected using the document review method, and the content analysis method from qualitative research methods was applied. The 99 general principles and the rhetorical devices in Turkish literature were examined together, matching the principles with the relevant rhetorical devices and categorizing them. As a result of the research, 9 different rhetorical devices found in the general principles were identified. Suggestions have been made on which types of legal principles these arts were used in the production and which arts could be utilized in which legal situations in the writing of general principles hereafter.
Journal: Uluslararası Sosyal Bilimler Dergisi
- Issue Year: 8/2024
- Issue No: 35
- Page Range: 622-646
- Page Count: 25
- Language: Turkish