İslam Hukuk tarihinde kanun yolu olarak Temyiz mahkemesi ve Osmanlı Devleti'ndeki işleyişi
Özet
ABSTRACTObjective of exercise of jurisdiction is to obtain a judgment that solve disagreementbetween parties and determine rightful party. However, including incorrectness?s for thisjudgment is possible in bases and procedures due to several reasons. Or considering beingincorrect of judgment of the parties may be questioned while incorrectness had not occurredin the reality. In all these cases, determining incorrectness of judgment of judicial court andenabling setting right or betraying unseasonableness of demur done with claim theinaccurateness and providing approval of provision a solution must be available.Islamic Law foresees to be supervised of provision of judicial court as theoretical.Quashing a sentence of judge has been argued out as a special matter in all literature ofIslamic Law including appertaining to first period. In practices belong to period of ProphetMuhammad and four caliphs are revealed us supervision of sentences.A method similar to appeal had been accepted in Islamic Law; however a specialjudicial court or Supreme Court of Appeals those are responsible for examining of appealedsentences had not been established.Foundations of practicing appeal in Ottoman State carried out Islamic Law based onProphet Muhammad?s proceedings some judicium as final and last judgment authority inmanner we can express as appeal and in the same way, having supreme authority over normalkadıs Mezalim Court and its practices during four caliphs, Umayyad and Abbasid. In historyof Islamic Law, practices of organization that we will call as court of appeal, had beencommenced with Abbasids in institutional meaning and had been come till Ottoman State bypassing other Turk and Islamic States.Practicing of appeal in Ottoman State had divided two terms. First period is untilestablishing court of appeal. In this term, Divan-ı Humayun and other Divans, Meclis-I Vala-yı Ahkam-I Adliye, Divan-ı Ahkam-I Adliye, Meclis-i Tetkikatı Seriyye, Fetvahane had becameprominent as functioning institution for appeal. Established in 1868 and being first SupremeCourt Divan-ı Ahkam-I Adliye is the first Supreme Court of Appeals in the Turkish LawHistory.Second period is the term that Appeal Institution took its place in history of IslamicLaw as institution by establishing Court of Appeal in 1879.