Hakim Pada Masa Turki Usmani

Abstract

This study aims to examine the position, qualifications, authority, judicial institutions, evidentiary system, and judicial procedures of judges during the Ottoman Empire. The research employs a qualitative method with a historical approach through library research. The data were collected from various sources, including books, scientific journals, articles, and other literature related to the Islamic judicial system during the Ottoman period. The data were analyzed using a descriptive qualitative approach by describing, interpreting, and drawing conclusions from relevant references. The findings reveal that the Ottoman judicial system was organized hierarchically and systematically based on Islamic law, particularly the Hanafi school of jurisprudence. Judges were appointed through strict qualifications, including being Muslim, mature, mentally sound, morally upright, and highly knowledgeable in Islamic jurisprudence. Their authority extended beyond adjudicating civil, criminal, and family disputes to include administrative responsibilities such as supervising waqf properties, guardianship, and the validation of legal transactions. The evidentiary system relied on witness testimony, confession, oath, written documents, and judicial knowledge, while court proceedings were conducted openly and officially recorded in the sicill registers. Therefore, the Ottoman judicial system represents one of the most well-organized and accountable models of Islamic judiciary, making a significant contribution to the development of Islamic legal history.