탄지마트 이후 이슬람-오스만제국의 근대 성문법 체계도입과 샤리아법원 변화 연구

• 영문명: Study on the Introduction of Statutory System and the Conversion of Sharia Court after Tanzimat Decree in Islam-Ottoman Empire: Focusing on Family Law Act(Hukuk-ı Aile Kararnamesi)
• 발행기관: 한국이슬람학회
• 저자명: 오은경(OH, Eun-Kyung)
• 간행물 정보: 『한국이슬람학회논총』제26권 1호, 1~30쪽, 전체 30쪽
• 주제분류: 인문학 > 종교학
• 파일형태: PDF
• 발행일자: 2016.02.28

영문 초록

This study is focused on the amendment of family-related law which was taken as a last step in the process of large-scale modification of laws and regulations after the modernization reform Tanzimat decree at the end of Ottoman Empire. The Ottoman Empire was a great country which had retained the Caliph system to the last. After losing the World War I, the Ottoman Empire had been keeping its national identity as a Sunni Islamic Country until abolition of Caliph system in 1924. Before that, there was no choice but to carry out modernization and westernization of the country in order to restore national sovereignty and build up national power. It was almost a revolution to establish a modern state legal system from the Sharia law which had been the norms stipulating the relationship between God and man. Therefore, it is meaningful to study how the courts and the judicial system had been changed from the Ottoman Empire to Republic of Turkey. In particular, family law was the most controversial issue at the end of the Ottoman Empire. However, the amendment of family-related law and regulations had not been made until the last gasp of the Empire because the religious authorities obsessed with tradition and custom obstinately resisted change. Under such circumstances the enactment of Family Law Act 1917 has a historical significance because it was the first modern statutory law related to families and women in the most conservative religious state like Ottoman Empire. In this article we are analyzing the diverse aspects of the Family Law Act 1917 at a stage of conversion from god-centered and religious Islamic country to modern national state, including its background, details, characteristics, implications, limits as well as its influence on the political, social, cultural and historical change.

목차

Ⅰ. 서론

Ⅱ. 탄지마트 이전 이슬람-오스만 제국 사법제도 특징

1. 국가 행정 시스템으로서 카디제도 운영

2. 샤리아 법원

III. 탄지마트 이후 이슬람-오스만 제국 가족법의 변화

1. 가족법령의 제정 배경과 내용

2. 가족법령의 이슬람-오스만 제국의　법률사적 의미와 특성, 그리고 성과

3. 가족법령에 대한 오스만 사회의 대응과　한계

VI. 결론

키워드

샤리아 탄지마트 오스만 투르크 터키 가족법 이슬람 이슬람법 Shari’a Tanzimat Ottoman Turk Turkey Family law Islam Islamic Law.