Publication: Endülüs Emevî Devletinde Müşavirler Meclisinin ortaya çıkışı ve meclis üyelerinin hayatı ve görüşleri
Abstract
Endülüs ÖZET Din, dil, ırk, milliyet ve kültür ayrımının yoğun olarak yaşandığı bir coğrafyada 736 yıl süren bir egemenlik, çağını aşan bir medeniyete nasıl ulaştı, barışı ve adaleti nasıl sağladı? Bu medeniyet inkişafının gizemli kapılarından birinin anahtarı danışmanlar meclisi sistemiydi. Emîr/ halife, vezir, kadi’l-cemâa, kadı ve halk, bir sorunları olduğunda yanlarında son derece olgun konunun uzmanı bir hukukçu bulabiliyorlardı. Hukuk öylesine gelişmişti ki mahkeme kâtipleri bile sahalarında uzman birer hukukçuydu. Devlet başkanı, devleti ilgilendiren dâhilî ve haricî her türlü sorunu hukukçulardan müteşekkil danışmanlarıyla karara bağlıyor, onların hukuka uygun görmediği tasarruflarda bulunamıyordu. Hâkimler duruşmaya dört uzman hukukçuyla giriyor, hâkimin karar veremediği davalar Kâdi’l-cemâa tarafından Hukukçular Konseyi toplantısına getiriliyordu. Hukukçular konseyi her biri kendi sahasında uzman, çok yönlü, olgun, salih, akıllı, tecrübeli, ilim ve takva sahibi insanlardan oluşuyordu. Müşavirler Meclisi adı verilen bu konsey halkın arasına karışıyor, onların sorunlarına çare oluyor, eğitim veriyor, halk hâkimlerden şikâyetçi olduklarında duruma el koyuyordu. Müşavirler üst düzey bir kamu görevlisi olarak devlet erkânı nezdinde de oldukça önemli bir konuma sahiptiler. Bu konumları onları toplumun barış ve adalet içinde yaşamasının bel kemiği haline getiriyordu. Shura, al-Andalus
ABSRACT How did a 736 year sovereignty reach the civilization beyond its age, secure the justice and the peace in a geography containing discrimination of religion, language, race, nationality and culture densely? The key of one of the mysterious doors of this civilization development was the Privy Council system. When Amir / Caliph, Queen, Kadi’l – Cemaa, Qadi and community had a problem, they could find a lawyer who was really mature and specialist. The law had been so developed that even the clerks of the court were specialist on their fields. The head of the state had been making decisions about all kinds of internal and external problems with his law consultants and he couldn’t have made judgements which were not seen judicial by the consultants. The judges had been attending to the trials with four expert lawyers, the trials which were not ended by the judge had been being brought to the Lawyers Council Meeting. The Lawyers Council had been composed of people who were very specialist on their fields, sophisticated, mature, suitable, clever, experienced, well-educated and religious. This council which was called as Advisers Assembly had been joining into the community, solving their problems, educating the people and when the people complained about the judges they had been taking the situation in hand. Advisers, as high level public officials, had a very important place at ministers and high officials. This position had been making them the guarantor of a peaceful and fair life for the society.
ABSRACT How did a 736 year sovereignty reach the civilization beyond its age, secure the justice and the peace in a geography containing discrimination of religion, language, race, nationality and culture densely? The key of one of the mysterious doors of this civilization development was the Privy Council system. When Amir / Caliph, Queen, Kadi’l – Cemaa, Qadi and community had a problem, they could find a lawyer who was really mature and specialist. The law had been so developed that even the clerks of the court were specialist on their fields. The head of the state had been making decisions about all kinds of internal and external problems with his law consultants and he couldn’t have made judgements which were not seen judicial by the consultants. The judges had been attending to the trials with four expert lawyers, the trials which were not ended by the judge had been being brought to the Lawyers Council Meeting. The Lawyers Council had been composed of people who were very specialist on their fields, sophisticated, mature, suitable, clever, experienced, well-educated and religious. This council which was called as Advisers Assembly had been joining into the community, solving their problems, educating the people and when the people complained about the judges they had been taking the situation in hand. Advisers, as high level public officials, had a very important place at ministers and high officials. This position had been making them the guarantor of a peaceful and fair life for the society.