Law serves to maintain social order. The rule of law was based on the emergence of the bourgeoisie and as a means of protecting its own interests as a result of its political struggle. The rules laid down by law for society and the individuals living in society internalize and apply these rules are the expression of a general and in-kind process that belongs to different social order.The distinctive feature of Modern society is that it brings the rational individual to the fore and that individual exists in the social universe in which he or she resides. This freedom is not based on religious belief but on the rule of law. Modernism, whose birth was based on economics, has also taken its share of Economics in its social reflection and has penetrated all areas of society with this basis. The vast and complex world of Modern society needed the construction of a normative order and sought to remedy this with the rule of law In Modern society, the fact that the state takes the background and the power takes its place and that the law is an element over the state by the hand of power causes the state of law to be interpreted as an important means of ensuring political legitimacy in modern society. With this study, ı tried to examine and evaluate the elements that are effective in this interpretation.
Kısaca Mecelle olarak bilinen Mecelle-i Ahkâm-ı Adliye, Osmanlı Devleti'nin son dönemlerinde Ahmet Cevdet Paşa başkanlığındaki ilmî bir heyet tarafından İslam hukuku esas alınarak hazırlanmış daha çok borçlar, eşya ve yargılama hukuku esaslarını ihtiva eden bir kanunnamedir. Bu kanun, Mısır ve Arap yarımadası hariç bütün Osmanlı mahkemelerinde uygulamaya konulduğu 1877 tarihinden devletin fiilen ortadan kalktığı tarihe kadar yürürlükte kalmıştır. Mecelle, bugünkü Suriye, Ürdün, Irak, Lübnan, İsrail ve Filistin'de uygulanmış, Osmanlı Devleti'nin sona ermesinden sonra da Anadolu'nun aksine bu ülkelerde bir süre daha yürürlükte kalmıştır. Arap devletlerinin 20.yüzyıldaki medeni kanununun yasalaşma süreçleri incelendiğinde bu kanunların Mecelle-i Ahkâm-ı Adliyeden ne derece etkilendiği görülecektir. Örneğin Iraklı fıkıhçılar, medeni kanunları geliştirmek için Mecelle'yi temel kaynak kabul etmişler ondan büyük oranda istifade etmişlerdir. Bu çalışmamızda Mecelle-i Ahkâm-ı Adliye'den istifade eden ülkelerin çeşitli yasalar itibariyle etkilenme boyutları ele alınmıştır.
Having been home to important civilizations throughout history, the geography of Iraq has been the scene of constant power struggle due to its rich natural resources. The fact that the communities living in this geography consist of diverse ethnic groups affiliated with different religions has led their exposure to foreign interventions with various excuses. Witnessed many times throughout the history, today the interventions in question still continue. Foreign interventions generally constituted the usual policies of the imperial states and the leading actor of these operations has been Britain. The issue has become more complex following the insatiable appetite of some countries for oil resources in the 21st century. Conflict of interests in this regard has led to instability and chaos in the region. The intensity of the conflict has reached a level that may lead to the formation and fragmentation of the countries in the region depending on the conditions of the day and the power and shaping of the local authorities. By bringing the cultural heritage and differences in the social structure to the forefront rather than the common values shared by the communities, the conflict has been flared up increasing its intensity and thus, human tragedies based on ethnicity, religious and sectarian affiliations have become unavoidable. The intervention of the colonialist states continues in different forms and intensities in Iraq, which has shared the same fate with the region. During the period of the Ottomans, which dominated the region for centuries, such negativities were least experienced, and even owing to the legal order of the period, the phenomenon of the Pax Ottomana occurred at the highest level when the Ottoman state were powerful in the region. The decline in the power of the Ottomans has been a major factor in the fate and drama of the region.
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