COURSE UNIT TITLE

: OTTOMAN WAQF LAW AND ITS EFFECTS ON CONTEMPORARY LAW

Description of Individual Course Units

Course Unit Code Course Unit Title Type Of Course D U L ECTS
ÖZH 6086 OTTOMAN WAQF LAW AND ITS EFFECTS ON CONTEMPORARY LAW ELECTIVE 3 0 0 6

Offered By

Private Law

Level of Course Unit

Third Cycle Programmes (Doctorate Degree)

Course Coordinator

ASSOCIATE PROFESSOR IREM KARAKOÇ

Offered to

Private Law

Course Objective

To reveal the basic principles of the Ottoman waqf law, the purpose of the waqf institution; to explain the basic approaches about the origin of the waqf and to point out the differences between the Islamic-Ottoman waqf from similar practices and institutions; to explain the effects of the waqf institution to the present day.

Learning Outcomes of the Course Unit

1   To be able to define basic concepts and institutions related to waqf law
2   To explain the origin of the waqf in line with the sources of Islamic waqf law
3   To be able to explain the definition, conditions and foundation of the waqf
4   To be able to define the views on the legal nature of the waqf in Ottoman waqf law
5   To be able to identify important developments in Ottoman waqf law during the Tanzimat period
6   To be able to realize how the past waqf law system and practices affected the social process
7   To be able to compare our legal system with our past legal system

Mode of Delivery

Face -to- Face

Prerequisites and Co-requisites

None

Recomended Optional Programme Components

None

Course Contents

Week Subject Description
1 General information about the purpose and content of the course
2 Subject and parts of Ottoman waqf law
3 Different approaches to the origin of the waqf
4 Other institutions related or similar to the waqf
5 Definition, elements, conditions, establishment, bindingness and types of the waqf
6 The place and elements of the waqf in the legal transaction scheme
7 Legal personality gained by the waqf (Legal personality)
8 Midterm
9 Opinions and controversial issues put forward against the necessity of the waqf in Islamic and Ottoman law
10 Different views on the legal nature of the waqf in Islamic law
11 Waqf in Ottoman law (Vâkıf)
12 Ownership of the waqf: Temlik and Teberru driving license, special cases related to the waqf
13 Inclusion of the legal person waqf and state legal entity in the waqf process
14 Effects of Ottoman waqf law to the present

Recomended or Required Reading

Karakoç, Irem; Türk Hukuk Tarihinde Vakıf Müessesesi, Ankara 2017
Berki, Ali Himmet; Vakıf Hukuku Yazıları, Vakıflar Genel Müdürlüğü, 2013
Özkaya, Eraslan; Eski Vakıf Hukuku, Ankara, 2012
Akgündüz, Ahmed; Islam Hukukunda ve Osmanlı Tatbikatında Vakıf Müessesesi, OSAV, 2013
Related to the subject other books, articles and internet resources

Planned Learning Activities and Teaching Methods

Lecturing, seminar work and presentation

Assessment Methods

SORTING NUMBER SHORT CODE LONG CODE FORMULA
1 MTE MIDTERM EXAM
2 STT TERM WORK (SEMESTER)
3 FIN FINAL EXAM
4 FCG FINAL COURSE GRADE MTE * 0.20 + STT * 0.30 + FIN* 0.50
5 RST RESIT
6 FCGR FINAL COURSE GRADE (RESIT) MTE * 0.20 + STT * 0.30 + RST* 0.50


Further Notes About Assessment Methods

None

Assessment Criteria

To be announced.

Language of Instruction

Turkish

Course Policies and Rules

To be announced.

Contact Details for the Lecturer(s)

irem.karakoc@deu.edu.tr

Office Hours

To be announced.

Work Placement(s)

None

Workload Calculation

Activities Number Time (hours) Total Work Load (hours)
Lectures 13 3 39
Preparations before/after weekly lectures 9 5 45
Preparation for midterm exam 1 10 10
Preparation for final exam 1 20 20
Preparing presentations 1 40 40
Midterm 1 1 1
Final 1 2 2
TOTAL WORKLOAD (hours) 157

Contribution of Learning Outcomes to Programme Outcomes

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