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Journal articles on the topic '1858 Ottoman Penal Code'
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1
Nugay, Kübra, and Abdullah Kahraman. "The Transformation of Ottoman Criminal Law in the 19th Century: The Example of Crime of Complicity." ULUM 2, no. 1 (2019): 103–20. https://doi.org/10.5281/zenodo.3377498.
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In the XIX. century, Ottoman State has witnessed changes in many areas. Looking at the content of both the dated 1840 and the dated 1851 Penal Codes legislated in Tanzimat Era, it has seen that the transformation in criminal procedure, judicial system, administrative fields was attempted to be accommodated with penal codes. The aim of this study is to seek answers to the question of how the criminal law of the Ottoman State changed in the period starting with the 1858 Penal Code in the nineteenth century within scope of <em>ta‘zir</em>(discretionary punishment) and more particularly, crime of murder and complicity as one of special forms of crime. The discussions of the criminal law scholars of the period about the nature of Article 45 regarding complicity in the 1858 Penal Code and their seeking solutions and how they developed new rules due to need in the process and at this point how they benefited from European penal codes, commentaries and their scholars will be attempted to demonstrate. More importantly, it will be witnessed how Ottoman judges used the classical principles in their minds when implementing the article of code. However, when looking from a broad perspective, we will see how the Classical Law School, in which Ottoman State was included through it’s 1858 Penal Code, and the crime policy of France and the French Penal Code have influenced Ottoman Criminal Law.
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Heinzelmann, Tobias. "The Ruler’s Monologue: The Rhetoric of the Ottoman Penal Code of 1858." Die Welt des Islams 54, no. 3-4 (2014): 292–321. http://dx.doi.org/10.1163/15700607-05434p02.
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The penal code of 1858 was an important step in Ottoman legislation during the reform period (tanẓīmāt) and had a considerable impact on the concept of the state as the guardian of public order. Through the 20th century the penal code of 1858 was generally interpreted as a “(literal) translation” of the French Code Pénal of 1810 and as evidence for the “western influence” on Ottoman legislation. Recent research has started to question this interpretation, focussed more closely on the normative aspects of the Ottoman penal code and analysed the penal code of 1858 as an adaptation of French law within the context of the Ottoman legal concepts during the tanẓīmāt. In my article I analyse the text as a part of political communication, as a monologue by which the state adresses its subjects. Even if large parts of the Ottoman penal code are translations from the French, the rhetoric patterns and terminology have to be taken seriously. The amalgamation of traditional rhetorics and a new terminology turns out to be a successful strategy to legitimise new legal concepts, which include a new relation between ḳānūn and şerīʿat. In my article I will argue that the state’s traditional role as the guardian of public order is the starting point for the introduction of these new legal concepts.
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FURKANİ, Mehterhan. "The Effect of Ottoman Law on the Afghan Law: In the Example of Panel and Civil Law." Eskiyeni 21, no. 47 (2022): 743–63. https://doi.org/10.37697/eskiyeni.1050804.
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While the Prophet was alive, the companions had consulted to him personally for the solution of every religious matter and to the Qur'an and Sunnah after his death. On the issues that they could not find information in the two sources mentioned, they have made judgments by making ijtihad. Those who were not at the level to make ijtihad obtained information by consulting people who were experts in religious matters. The Muslims who came after them continued to follow the same path. Later, fatwa books were prepared, and these works began to be used in the field of qada as well as fatwa. Although the proposal for the codification of Islamic law was made by Ibn al-Muqaffaʿ (d. 142/759) at a very early period, the act of codification started too late. The legalization activity in the modern western world started at the end of the 18th century and spread to the whole European continent in the 19th century. The Ottoman Empire, influenced by the West, started the act of codification in the modern sense with the Penal Code of 1840. The codification of civil law in the Islamic world started with al-Majalla al Ahkam al Adliyyah (The Ottoman Courts Manual). Hukūk-i Aile Kararnamesi (the Family Law Decree) which was issued in 1917, followed al-Majalla in the field of codification. These two laws, which were prepared based on Islamic law, were applied in many countries under the rule of the Ottoman Empire. Even these two laws continued to be in force in some other Islamic countries a long time after they were declared abolished in the Republic of Turkey. With these works, the Ottoman Empire became a pioneer for other Islamic countries, and later, other Islamic countries took these as an example and prepared and put into effect their civil laws. One of these countries is Afghanistan. Although Afghanistan was not under Ottoman rule, it was directly or indirectly influenced by Ottoman law in enacting and took Ottoman law as an example. While the first penal code was being prepared in Afghanistan, the penal code (Ceza Kanunnāme-i Hümāyunu), which was enacted by the Ottoman Empire in 1858, was taken as a basis. Some articles of the aforementioned Ottoman Penal Code of 1958 were incorporated into the Afghan penal code of 1921 (Nizamnāme-i Cezā-yı Umūmī), either as they are, with little or no change. It is stated that judges should be made according to al-Majalla and that the qadis should fill the gaps in the law with al-Majallaon some issues in the laws named “Usūlnāme-i İdāri-yi Mahākim-i Adliye” (Administration of Judicial Courts Law) of 1957 and “Usūl-i İjraati Muhākimāt-ı Huqūqī-yi Adlī” (the Practice of Judicial Jurisdiction) of 1958.When we look at the Afghan Civil Code, which came into force in 1977, we see that it was influenced by the Majalla and the Ottoman Hukūk-ı Āile Kararnamesi (Ottoman Law of the Family Decree). In the same way, Majalla and its annotations have been used in Afghan courts in addition to the Afghan Civil Code until today. It is seen that in the Afghan Civil Code, which was prepared based on Hanafī fiqh, some issues were out of Hanafī fiqh, and in this respect, the Ottoman Law of Family Decree was followed. In this article, the effects of Ottoman law on Afghan law will be discussed in the context of criminal law, family law, and law of obligations.
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Samuilov, Filip. "Legal and Historical Overview of LGBTIQ+ Rights in the 19th and 20th Centuries on the Territory of the Republic of Bulgaria." Yearbook of the Law Department 12, no. 13 (2023): 176–95. https://doi.org/10.33919/yldnbu.23.12.8.
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The aim of this study is to challenge the stereotypes that non-heterosexual orientation and various gender identities are not manifestations of either a “decadent West” or a passing trend. On the contrary, heterosexism and homophobia intensified and became dominant doctrines during the 19th and 20th centuries, even in societies where same-sex relationships were not initially criminally persecuted. In my legal-historical analysis, I focus not only on the period after the restoration of Bulgarian statehood following the adoption of the First Constitution in 1879 but also on the time before that, when Bulgarian society existed within the boundaries of the Ottoman Empire during the Tanzimat era. An important moment for the analysis is the decriminalisation of same-sex relationships in 1858 in the Ottoman Penal Code. I will also provide examples from the development of Bulgarian criminal law, which often included provisions criminalising sexual contacts between individuals of the same sex.
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Celik, Mehmet. "Reforming Criminal Justice in the Ottoman Empire: Police, Courts and Prisons in Rusçuk, 1839-1864." American Journal of Legal History 60, no. 2 (2020): 109–36. http://dx.doi.org/10.1093/ajlh/njaa004.
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Abstract This case study explores the experimentation phase of the Ottoman Tanzimat reforms on the criminal justice system in the city of Rusçuk from 1839-64. In particular, it investigates crime and punishment by focusing on police, courts, and prisons and how these institutions responded to reform efforts in Rusçuk, which became the capital of the Danube Province in 1864. It shows that the Ottoman government established new police forces (zaptiye) and modernised prisons in the city in 1846 immediately after their introduction in the imperial capital of Istanbul. At the same time, the government bestowed extensive judicial authority on the meclis-i kebir (a secular administrative council in the provinces), and to a lesser extent on the meclis-i muvakkat (temporary council), over criminal cases. While the Sharia courts continued to enforce Islamic criminal law, the meclis-i kebir took charge of enforcing the new penal codes of 1840, 1851, and 1858, and served as a precursor first to the secular courts of the 1864 Provincial Reform and then to the more centralised and standardised nizamiye courts of the 1870s. This study also analyses the types and frequency of crimes and the penalties they received. Based on Rusçuk’s prison registers, which contain the cases tried by the meclis-i kebir and meclis-i muvakkat, and the records of the meclis-i vala (Supreme Court) in Istanbul, it argues that the crime rate in Rusçuk was much higher than the one represented in the Sharia court’s records.
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Enker, Arnold. "Duress, Self-Defense and Necessity in Israeli Law." Israel Law Review 30, no. 1-2 (1996): 188–206. http://dx.doi.org/10.1017/s0021223700015041.
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The defenses of Duress, Self-Defense (or private defense) and Necessity are today set forth in sections 21, 22 and 22A, respectively, of the Israel Penal Law, 1977. However, in order to understand these defenses fully, it is necessary to go back to the provisions of the Criminal Code Ordinance, 1936, wherein the ruling British Mandatory authorities replaced the Ottoman Penal Law which had prevailed in Palestine before the Mandate. For, its name to the contrary notwithstanding, the 1977 Penal Law was not primarily an original Israeli enactment. Rather, it was in considerable measure merely a Hebrew translation of the original Criminal Code Ordinance. This is especially the case in connection with the Ordinance's General Part, which includes the defenses that concern us here. It was only in 1992 that the Knesset enacted original Israeli legislation concerning these defenses.
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Masters Masters*, Bruce. "The Political Economy of Aleppo in an Age of Ottoman Reform." Journal of the Economic and Social History of the Orient 53, no. 1-2 (2009): 290–316. http://dx.doi.org/10.1163/002249910x12573963244520.
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AbstractThe return of Ottoman rule to Aleppo in 1840 corresponded with the inauguration of the reform era (1839-76). Although the central Ottoman state could not have foreseen the outcome, these political reforms undermined its economic sovereignty in two key areas. The Ottoman land reform law of 1858 and schemes to settle the Bedouin in northern Syria enabled Aleppo’s political elite to scramble for the steppe lands of the Euphrates valley and ultimately paved the way for European capitalists to exploit the agricultural resources of the region. Additionally, attempts to control the abuses of the capitulatory system provoked a marked decline in the relative fortunes of the city’s traditional commercial elite, with much of the internal regional trade shifting into the hands of European merchants.Le retour des Ottomans à Alep en 1840 correspond au début de la période de réformes (1839-1876). Bien que l’état central ottoman n’eût pas pu prévoir leurs conséquences, ces réformes politiques ont miné sa souveraineté économique dans deux régions clé. Le code foncier ottomane de 1858 et les projets visant à la sédentarisation des Bédouins dans la Syrie du Nord ont permis à l’élite politique d’Alep une ruée vers les steppes de la vallée de l’Euphrate et ont fini par préparer le chemin aux capitalistes européens qui sont venus exploiter les ressources agricoles de la région. En outre, les tentatives d’obtenir le contrôle des abus du système capitulaire ont provoqué le déclin marqué des fortunes concernées de l’élite commerciale traditionnelle car une grande partie du commerce intérieure régio-nale tombait dans les mains des négociants européens.
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Angelini, Paolo. "The Code of Dušan 1349–1354." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 80, no. 1-2 (2012): 77–93. http://dx.doi.org/10.1163/157181912x626920.
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AbstractIn 1349 Stefan Dušan enacted a code that was part of a tripartite codification with the Abridged syntagma and the so-called Law of Justinian. The Serbian emperor introduced in his empire a Byzantine legal system, even if elements of Slavic customary law were preserved. Physical mutilations and punishments, death penalty, public penal system, personal liability were unknown to the Slav populations and have to be connected to the Greek-Roman law influence. This influence is evident both in civil and criminal law and in this sense the dispositions of the Code of Dušan must be connected to the two other Byzantine compilations. Dušan's attempt failed just a few years after his death because of the fall of the Serbian empire due to the Ottoman advance.
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Sack, Gerald. "The Integration of Social Anthropology and Historical Geography in the Study of Rural Agricultural Estates in Northern Israel in the Late Ottoman and Mandate Periods: 1879-1948." International Journal of Sociology and Anthropology Research 8, no. 2 (2022): 7–37. http://dx.doi.org/10.37745/ijsar.15/vol8n2pp737.
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Anthropology and history employ two entirely different research methodologies: anthropological research is based on face-to-face interviews and direct observation, while historians eschew all forms of non-documented information, and generally assume that only the written word and maps are reliable. Exploiting the different relative advantages of these two disciplines, together with GIS (Geographic Information Systems), it was possible to locate and situate historical events from different periods in the physical landscape in which they took place. Such a “mixed methodological approach” yielded information that would otherwise not be found. This is illustrated in a study of the development of rural estates in the Galilee, consequent on the promulgation of the Ottoman Land Code in 1858.
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Attila Aytekin, E. "Agrarian Relations, Property and Law: An Analysis of the Land Code of 1858 in the Ottoman Empire." Middle Eastern Studies 45, no. 6 (2009): 935–51. http://dx.doi.org/10.1080/00263200903268694.
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YOLUN, Murat. "On the Relationship between Epidemic Diseases and Penal Code: The Law of Medical Crimes (1884) in the Ottoman Empire." Turkiye Klinikleri Journal of Medical Ethics-Law and History 24, no. 2 (2016): 37–43. http://dx.doi.org/10.5336/mdethic.2016-50776.
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MCCLURE, ALASTAIR. "Archaic Sovereignty and Colonial Law: The reintroduction of corporal punishment in colonial India, 1864–1909." Modern Asian Studies 54, no. 5 (2020): 1712–47. http://dx.doi.org/10.1017/s0026749x18000410.
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AbstractThe judicial and summary punishment of whipping—absent from the Indian Penal Code (IPC) of 1860—was passed into law through Act No. VI of 1864. This legislation, tacked on as an appendage to the IPC, invested the judge with wider discretionary powers to administer violence across Indian society. In this case what emerged was an evolving attempt to enlarge the colonial state's capacity for quotidian violence, targeting certain bodies to reaffirm, manage, and police the social hierarchies upon which colonial sovereignty depended. In the context of a slow imperial movement away from the cast-iron distinctions that had been made between groups in the early nineteenth century—distinctions that had, among other things, supported a legally enforced system of slavery—new methods to mark the value of different bodies were created. The events of the 1850s, in particular the rebellion of 1857–1858, saw the re-emergence of the colonial idea that certain bodies could withstand violence, and that violence itself could be used to create economically productive colonial societies, in debates around penal law and punishment. This article will trace this history through formal legal restrictions and informal legal-cultural practices in relation to corporal punishment in colonial India. Over the course of the period under study, this legislation introduced into law what one official termed ‘the category of the “whippable”’.1 Charting the changing shape of this legal category along lines of race, gender, caste, class, and age, the article will argue that a logic of exceptionality, channelled here through the application of judicial violence, attempted to structure and manage Indian society in complicated ways.
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Radeva, Neli. "Ottoman Criminal Law – an Attempt to Create Modern Legislation." De Jure 12, no. 1 (2021). http://dx.doi.org/10.54664/zued6997.
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During the 19th century, Ottoman law was influenced by the West. The Tanzimat reforms marked the beginning of criminal codification in the Ottoman Empire, whose Penal Code was adopted in 1858. It was modern in terms of format and content, and it differed from the penal laws of 1840 and 1851. Its first article stated that it shall not repeal the provisions of Sharia law. This dual nature of the code caused a lot of confusion. The complete replacement of Sharia law with modern European law did not happen suddenly, but gradually. This was necessary for the government to embrace the new ideas and understandings of the modern societies at that time. Therefore, the attempts of the Ottoman authorities to modernize the Empire’s laws, particularly the ONK, cannot be denied.
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"THE FRENCH LEGAL SYSTEM AND OTTOMAN CRIMINAL LAW." AUREA IURIS ROMANI, no. 2 (May 10, 2020): 103–14. http://dx.doi.org/10.37075/air.2020.2.04.
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In the period of the 19th century the Ottoman law felt the West influence, which additionally had affected its legal language. The reforms of the Tanzimat also marked the beginning of criminal law codification in the Empire. The Penal Code – adopted in 1858 – was much more modern in form and content, differing significantly from the Acts of 1840 and 1851. Its first article states that it does not override the criminal provisions of Sharia law. This dual nature creates confusion. The replacement of Sharia law entirely by modern European law did not happen suddenly. Changes require time, which is also necessary for the government to adopt the innovative ideas and understandings of the then modern societies. Therefore, on could nor deny the attempts of the Ottoman authorities to modernize the laws and the OPC.
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KIZILAY, Muhammed Emin. "THE CRIME OF BRIBERY IN THE OTTOMAN PENAL CODE AND ITS FIQHICAL ANALYSIS." İslami İlimler Dergisi, February 25, 2024, 119–46. http://dx.doi.org/10.34082/islamiilimler.1449529.
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İslam’ın önem atfederek korunmasını istediği birtakım değerler vardır. Bu koruma şahsi bir görevden çok kamu otoritesine ait bir ödevdir. Zira bu değerleri hedef alan suçlara yönelik yaptırımları uygulama, bazı durumlarda yeni yaptırımlar vazetme yetkisi kamu otoritesine aittir. Dolayısıyla kamu otoritesinin adil ve güvenilir bir şekilde işlemesi gerekmektedir. Otoriteye karşı güveni ve adalet hissini zedeleyen en büyük suçlardan biri rüşvettir. Tanzimat Dönemi’nde rüşvetle mücadelede kanunlaştırılmaya gidilmiş, rüşvet suçuyla ilgili çeşitli düzenlemeler yapılmıştır. Çalışmada Tanzimat Dönemi kanunlarında rüşvet suçuyla ilgili düzenlemeler kronolojik ve mukayeseli şekilde incelenmiştir. Öncesinde ise Osmanlı’da resmî mezhep hüviyetindeki Hanefîlik açısından rüşvet suçu ele alınmıştır. Böylelikle Hanefî fıkhından son Osmanlı ceza kanununa kadar geçen süreçte rüşvet suçuna dair düzenlemelerde meydana gelen değişiklikler izlenmiştir. Sonuç itibarıyla zamanla kanun metinlerindeki fıkhî terimlerin ortadan kalktığı, Batı kanun sistematiğine uygun daha teknik, kısa ve açık ifadelere yer verildiği görülmüştür. Ayrıca rüşvet suçuyla alakalı kısa sürede birden çok ve sık aralıklarla düzenlemeler yapılması rüşvetin ne denli yaygınlaştığını ve bu suçla mücadelenin ne denli zor olduğunu göstermiştir.
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TAŞCAN, Arzu. "Implementation of the Penal Code According to the Notebooks of the Majlis-i Vala (1859-1867) -In the Example of Skopje Sanjak-." Celal Bayar Üniversitesi Sosyal Bilimler Dergisi, June 28, 2022, 17–33. http://dx.doi.org/10.18026/cbayarsos.1001701.
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Gülhâne Hatt-ı Hümâyûnu’nda hukuk alanında yeni düzenlemelerin yapılacağının işaretleri verilmiştir. Bu alandaki ilk hareket ise 1840 yılında Ceza Kanunnâmesi’nin hazırlanmasıyla başlamıştır. Tanzimat döneminin yapılan bu ilk kanununun eksiklikleri daha sonra 1851 ve 1858 yıllarında hazırlanarak yürürlüğe konulan ceza kanunları ile tamamlanmaya çalışılmıştır. Tanzimat dönemi aynı zamanda merkez ve taşra teşkilatlarında da önemli değişikliklerin olduğu bir dönemdir. Mali alanda yapılan reformlar kapsamında taşrada kurulan muhasıllık meclisleri, muhassıllık uygulamasına son verildikten sonra eyâlet, sancak ve kaza meclisleri olarak varlığını devam ettirmiş, bu meclislere ceza davalarına bakma yetkisi, yani ceza kanununu uygulama görevi de verilmişti. Görülen davalar, aynı zamanda yüksek temyîz mahkemesi olan, son karar makamı olarak yetkili bulunan Meclis-i Vâlâ’ya gönderilmiştir. Meclis-i Vâlâ Defterlerinde bu davalara ilişkin pek çok kayıt bulunmaktadır. Bu çalışmada, Üsküp Sancağı’nda meydana gelen ve Meclis-i Vâlâ Defterlerine yansıyan suçlar ve cezalar tespit edilecek, böylece 1858 tarihli Ceza Kanunnâmesi’nin uygulandığına dair somut deliller ortaya konulacaktır.
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KIZILAY, Muhammed Emin. "Is The Intangible Compensated? The Problem of Compensation for Intangibles in Ḥanafī Madhhab and Late Ottoman Law". BEÜ İLAHİYAT FAKÜLTESİ DERGİSİ, 3 грудня 2023. http://dx.doi.org/10.33460/beuifd.1376211.
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One feature distinguishing the fiqh madhhabs (sects) that emerged in Islamic history from each other is their theological and philosophical views. When the jurisprudence of the madhhabs is analysed, it is seen that the practical rulings emerge according to a particular theological and philosophical background. For example, the ontological background of the Ḥanafīs is reflected in their views on property, which one of the most fundamental issues of law. They considered existence from a material point of view. They did not accept the benefits that do not have a material existence and that arise depending on the substance of material assets as property in law. What is not property cannot be damaged. Therefore, it cannot be compensated. The Ḥanafīs adhered to their ontological principles to maintain their legal consistency. However, these principles caused some problems to arise over time. Although they overcame these problems with the principle of necessity, this was not enough to eliminate the problem. This problem came to the agenda even in the last periods of the Ottoman Empire. However, there was a new systematics in the field of law then. The issue was dealt with in the articles of law, not in the theoretical texts in which the accumulated knowledge of the madhhab was transmitted. The ontological principles of the Ḥanafīs were distributed to many areas of law within the new system. However, in the last period of the Ottoman Empire and contemporary studies, only the part of the subject reflected in the law of obligations has been addressed. However, areas such as the Press Law and the Penal Code seem to have been ignored, as well. When the other legal texts are analysed, a situation different from that in Med̲j̲elle stands out. The Press Law and the Penal Code had already done what the Med̲j̲elle commissions could do much later. In these laws, things that do not exist in material terms are legally recognized as property.
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Okur Gümrükçüoğlu, Saliha. "TAʿZĪR PROVISIONS APPLIED TO MURDER AND THEFT CRIMES IN OTTOMAN CRIMINAL LAW DURING THE TANZIMAT PERIOD (Example of the Murder and Theft Book No. 471)". Tarih İncelemeleri Dergisi, 5 грудня 2024. https://doi.org/10.18513/egetid.1566838.
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In Ottoman criminal law, intentional homicide and theft were classified under the category of "hudud" (fixed punishments), and their penalties were predetermined and unchangeable. On the other hand, ta'zir punishments may be applied in cases where the elements of the crime were not fully established to warrant hudud punishments or where the offense had no fixed penalty under the law. This study aims to examine the discretionary punishments (ta'zir) that were applied instead of the prescribed penalties (hudud and qisas) for crimes that have established rulings under the fundamental principles of Islamic criminal law as documented in the 'Katl ve Sirkat Defteri' (Murder and Theft Book). The research will explore how these punishments were implemented in practice, and under what conditions and circumstances discretionary punishments were applied for crimes with fixed penalties. The study will explore the procedures for bringing such cases to court, the investigative and decision-making stages, and whether the sentences maintained a balance between the crime and punishment. Additionally, it will seek to identify the factors that either mitigated or aggravated the severity of the imposed punishments. This article, enriched with documents from various classifications in the Ottoman archives, examines both the 1256 Penal Code and the scope of the 1267 reforms. It aims to analyze how the processes of change and adaptation in Ottoman criminal law during the Tanzimat era influenced the application of crime and punishment.
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H., Murat KUMBASAR. "DiLENCİLiKLE MüCADELEDE BAYBURT ÖRNEĞi." March 29, 2019. https://doi.org/10.5281/zenodo.2616414.
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özEr Kulan-ı Kerim'de, Sünneite, Osmanlı Kanunnameleri'nde, Türk Ceza Kanunu'nda, Kabahatler Kanunu'nda dilencilikJe ilgili hükümler yer almıştır. Hemenhepsinde dilencilele muamelede yumuşaklük tavsiye edilmekle beraber ıslah edilmesi ve engellenmesiyle alakah talepler de mevcuftur. Asılar boyu, "veren el, alan elden üstijndüı" düstürunu şiar edinmiş ve bunu hayat biğmi telakki etmiş olan Baybuıtlu, yokluğun ve açlığün ne demek olduğunu tecrube etmiş olsa bile, en acsr:ı. maruz kaldüğı işgaller srasünda tatmıştır. Hiçbikimsenin, hele onuruna dijşkün hiçbir müslümanın tasvip edemeyeceği bir davranış olan dilenciliğin o dönemde Baybwt ve çevresinde de yayılmaya başladığını görmek, gelinen acı noktanın hangi aşamada olduğunu göstermesi açısündan mijhimdir. Makalemizde; hiçbir menleket ahalisinin böyle kötü bk duruma d4çarolmaması; insanımızın bugünlerde unutmaya yüz tuttuğu; yardümsevelik vebaşkalan için yaşana gibi güzel hasletleini kaybetınemesi; devlet icalimizin bumevzuda gerekli tedbilei alması temennisi ile yaklaşık bh asn önce Bayburt'unyaptüğı bu güzel ömekliğin hem ülkeniz hem de dünya için önemi üzeinde durulacaktır. ABSTRACT Bayburt Sample For The conflict With Begging There are sone decrees about begging in the Quran, hadiths, ottoman Lawcodes, Misdeneanor Law and Turkish Penal code. Almost all of them advice to behave beggars with tolerance. However they also offer to prevent and improve thekunfavorable conditions. The philosophy of "People, vıho give something, has superior$ rather than take it" has been adopted by the people of Baybuıt. By the way, they applied this philosophy to their daily life. Afthough, they have experienced the poveıly and famine before, these people faced off with them especially when the enemies attacked them.Begging is not an acceptable behaviour, especially for the Muslim people consider their honour. When enemies attacked to Bayburt, begging staıted to increase there. Ih,.s ascension has an importance that indicates the level of begging, ln this article, We hope that anyone falls in this bad situation, and our peopledo not forget the emotions such as pertaining to char$, and living for the others. We also hope that, our government makes provision in case of protect the people from begging. ln the light of Baybuıt's nice behaviour occurred about a centuıy ago, its impoılance will be mentioned.