Waqf Law in the Ottoman Empire (HUK430) | GSÜ

Content

Objective

This course aims to examine the legal structure, functioning, and socio-economic role of waqf institutions within the Ottoman Empire.

Course Content

The course covers the foundations of waqf law, legal nature of waqf deeds, administration, property status, reforms of the 19th century, and the transformation of waqf institutions into the Republican era.

Course Learning Outcomes

- Explain fundamental concepts of waqf law.
- Analyze the place of waqf institutions within the Ottoman legal system.
- Interpret waqf deeds as legal documents.
- Evaluate the social and economic functions of waqfs.
- Discuss the transformations during the modernization period.

Teaching and Learning Methods

lecture and discussion

References

Mehmet Akif Aydın Türk Hukuk Tarihi
Kadi court registers
Fatwa collections

Weekly Contents

Theory Topics
Week	Weekly Contents
1	Introduction; concept of waqf and roots in Islamic law
2	Overview of the Ottoman legal system
3	Types of waqfs: public, family waqf, and others
4	Drafting and legal nature of waqf deeds
5	Administration of waqfs: mutawalli, supervisor, qadi oversight
6	Types and legal status of waqf properties
7	Waqf revenues, accounting registers, and financial practices
8	Ownership and disposition restrictions in waqf property
9	Role of waqfs in urban and social life
10	Waqfs in education, health, and public services
11	Legal disputes and qadi court records
12	19th-century reforms and state centralization
13	Transformation of waqfs in the Republican era
14	Final evaluation and discussion

Assessment System

Contribution to Overall Grade
Activities	Number	Contribution
Contribution of in-term studies to overall grade	1	45
Contribution of final exam to overall grade	1	55
Total	2	100

In-Term Studies
Activities	Number	Contribution
Assignments	0	0
Presentation	0	0
Midterm Examinations (including preparation)	1	45
Project	0	0
Laboratory	0	0
Other Applications	0	0
Quiz	0	0
Term Paper/ Project	0	0
Portfolio Study	0	0
Reports	0	0
Learning Diary	0	0
Thesis/ Project	0	0
Seminar	0	0
Other	0	0
Make-up	0	0
Total	1	45

Relation of Proficiency

No	Program Learning Outcomes	Contribution
No	Program Learning Outcomes	1	2	3	4	5
1	Recognizing fundamental legal concepts, defining, interpreting and using them.			X
2	Recognizing fundamental disciplines of law and their content, including legislation, case-law and the doctrine in the relevant discipline.			X
3	Recognizing positive norms in the legislation and being able to define and explain the principals of methodology.				X
4	Being able to determine, identify and restate legal problems.				X
5	Being able to use legal interpretation principals in an efficient manner in order to analyse and resolve a legal problem and in order to develop a strategy.				X
6	Being able to conduct academic researches on legal problems and to propose solutions.				X
7	Assuming responsibility individually or collectively for resolving complicated legal problems.		X
8	Being able to criticise positive norms of the law system.				X
9	Being able to explain technical legal knowledge in Turkish, French and English verbally or in writing, being able to report personal opinion concerning a legal problem verbally or in writing in a persuasive manner.				X
10	Being able to follow up the local and international legal literature, to update technical legal knowledge permanently, to use information technology in an efficient manner in order to achieve these goals.			X
11	Being able to conduct comparative academic researches between different law systems.					X
12	Respecting human rights and universal principals and notions of law.			X
13	Respecting the ethical standarts, good faith, fairness and equity principals.			X
14	Being sensitive to social problems, democracy, laicism and rule of law principal.			X

ECTS

Activities	Number	Period	Total Workload
Class Hours	14	2	28
Working Hours out of Class	14	1	14
Assignments	0	0	0
Presentation	0	0	0
Midterm Examinations (including preparation)	5	1	5
Project	0	0	0
Laboratory	0	0	0
Other Applications	0	0	0
Final Examinations (including preparation)	10	1	10
Quiz	0	0	0
Term Paper/ Project	0	0	0
Portfolio Study	0	0	0
Reports	0	0	0
Learning Diary	0	0	0
Thesis/ Project	0	0	0
Seminar	0	0	0
Other	0	0	0
Make-up	0	0	0
Yıl Sonu	0	0	0
Hazırlık Yıl Sonu	0	0	0
Hazırlık Bütünleme	0	0	0
Total Workload			57
Total Workload / 25			2.28
Credits ECTS			2