Dialektika Otoritas Agama dan Politik dalam Sistem Peradilan Kesultanan Utsmaniyah Abad ke-16

Abstract

This article offers an in-depth examination of the development of the religious court system in Turkey, focusing on the significant historical transition from a traditional legal system based on Islamic Sharia to the modern secular legal framework. The primary objective of this study is to provide a comprehensive understanding of how religious courts functioned within the traditional legal structure, to identify the fundamental changes that occurred during the transition toward secularism, and to analyze the extent to which the legacy of Islamic law continues to influence the legal system and social structures in contemporary Turkish society.This research employs a library research method, relying on secondary data sources such as academic books, scholarly journals, research articles, and other relevant documents. The collected data are analyzed using a descriptive-analytical approach in order to systematically illustrate the dynamics that have shaped the institution of religious courts in Turkey over time.Specifically, this study explores institutional structural changes, judicial functions, and the transformation of religion's role within the legal system as a consequence of state-driven legal modernization and secularization policies—particularly following the establishment of the Republic of Turkey in the early 20th century. This transitional process was deeply influenced by the legal reform agenda initiated by Mustafa Kemal Atatürk, which aimed to detach the national legal system from religious influence and align it more closely with Western civil law models.The findings of this study indicate that, although the institution of religious courts has been officially abolished within the state's legal structure, the influence of Islamic legal values and their historical legacy persists and continues to play a significant role in both legal practices and the social life of present-day Turkey. This reflects a complex cultural and ideological continuity between a Sharia-based past and a secular present, which remains a subject of ongoing debate within Turkey’s legal discourse and national identity formation.