Adalet Dergisi

Abstract

Ibn Khaldûn was an alfaquin who
came from an elite family and was raised by
taking lessons from the most important scholars
of his time. Moreover, he reached the
competence of the office of qadi with a
multifaceted education including mental
sciences such as philosophy and logic as well as
various religious sciences such as the Qur'an,
hadith, fiqh, fiqh procedure and kalam. As a
result of these sciences, he has produced
original works by both applying and observing
the professions he has acquired, and in this
sense, he is one of the high personalities of the
Islamic world. In his work called the
Muqaddimah, he introduced various
professionals of the period he lived in and
described their tasks and he also frequently
discussed about qadis and alfaquis; he reveals
his critics from various aspects including the
problems of professional ethics. In this study,
the errors he identified in the conduct of the
cases in the context of the relationship between
the judiciary and politics from the work of
Muqaddimah is emphasized primarily, then his
thoughts on the problems of judicial ethics
regarding the qadis and faqihs are emphasized,
and the ethical reasons and the interpretations
of the institution of Qadi are focused finally.
Since he himself has been a qadi six times and
has died as a head of the Maliki sect, his ideas
are also analyzed from his biography in which
he describes his experience as a qadi. Thus, it is
revealed that the thinking system of Ibn
Khaldûn which was assumed by the researchers
of Ibn Khaldûn was not centered on ethical
concerns; the most fundamental ethical
concern in the field of law as an alternative
approach to claims that it constructs politics
and law "based on power".