Osmanlı Vakıflarının Tüzel Kişiliği Var mıydı?

Abstract

The concept and institution of juristic personality is inherently owned by Western European Law. The juristic personality of the Islamic and Ottoman waqfs is not adequately examined in the literature. In this study, according to the Islamic Law, it is accepted that Ottoman waqfs have a juristic personality in general, taking into account the criteria such as managing waqfs according to their waqfiyyas, managing them with their own revenueexpenses, being a defendant-plaintiff and a debtor-creditor, and possessing assets. However, the juristic personality of the Ottoman waqfs is, in fact, weaker than the similar ones in Europe, due to strict control or direct intervention of the state in the waqf administration. Besides these, while the juristic personality of the waqfs are discussed, it is necessary to consider the types of the waqfs. For instance, de facto juristic personality of the sultanic waqfs and large waqfs are weaker than the juristic personality of small waqfs and family waqfs. In addition, “mülhak waqfs” have a juristic personality, but “mazbut waqfs” not. Because, none of “mazbut waqfs” have own organ, and are administrated by Ministry of Awqaf. The study also addresses the theoretical relationship between the juristic personality of waqfs and economic development. In dieser Arbeit stellt sich der Autor die Frage, ob die osmanischen Waqfs eine juristische Persönlichkeit hatten? Die Studie befasst sich auch mit der theoretischen Beziehung zwischen der juristischen Persönlichkeit von Waqfs und der wirtschaftlichen Entwicklung.