Açık Akademik Arşiv Sistemi

Browsing by Subject "In our work we have evaluated some of the western jurists' assertations that Roman Law influenced Islamic Law and that Islamic Law owe its regular and systematic constitution to Roman Law. These assertations have been tried to be answered from a scientific perspective. It is a natural incident that Law systems, just as other human regulations, have been under influence of both previous and other contemporary systems as well. If perchance Islamic Law had been influenced by previous Law systems and Roman Law in some way or another, there is still nothing to be surprised at. However; it is well percepted in our Research that there is no influence. The similarity between some of the regulations of these two different Law systems is normal since those regulations constituted appropriately by also man are present in Islamic Law. In any case, we see that Islamic Law only derived a few regulations not conflicting with The basic structure of Islam from foreign resources which Islamic Law is presumed to have benefited from. Pointing out the general differences between the two Law systems together with the similar regulations, necessary information has been given in our work. KEY WORDS: Right, Law, Roman Law, Islamic Law, Being Influenced."

Browsing by Subject "In our work we have evaluated some of the western jurists' assertations that Roman Law influenced Islamic Law and that Islamic Law owe its regular and systematic constitution to Roman Law. These assertations have been tried to be answered from a scientific perspective. It is a natural incident that Law systems, just as other human regulations, have been under influence of both previous and other contemporary systems as well. If perchance Islamic Law had been influenced by previous Law systems and Roman Law in some way or another, there is still nothing to be surprised at. However; it is well percepted in our Research that there is no influence. The similarity between some of the regulations of these two different Law systems is normal since those regulations constituted appropriately by also man are present in Islamic Law. In any case, we see that Islamic Law only derived a few regulations not conflicting with The basic structure of Islam from foreign resources which Islamic Law is presumed to have benefited from. Pointing out the general differences between the two Law systems together with the similar regulations, necessary information has been given in our work. KEY WORDS: Right, Law, Roman Law, Islamic Law, Being Influenced."

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  • Antakya’nın 1 numaralı Şer’iyye Sicili (H. 1120-1122 / M. 1708-1711) 
    Mirci, Halil (Sakarya Üniversitesi, 2000)
    Bu çalışmamızda bazı batılı hukukçular tarafından ileri sürülen, Roma Hukukunun İslâm hukukuna etki ettiği ve onun bu kadar düzenli ve sistemli bir şekilde oluşmasını Roma Hukukuna borçlu olduğu iddiaları değerlendirilmiştir. ...