Ases As The Assıstant Kadı In The Classıcal Perıod Istanbul Kadı Regısters

The study analyzes the institution of “ases” observed in Ottoman law from the establishment of the state to the Tanzimat period. The focus of the study is on the classical period as a time period and Istanbul as a region. As it’s known the classical period is a unique period with its legal institutions, rules and practices. On the other hand, Istanbul that have a deep cultural history and different religions and sects has a rich legal practice with multiple sharia courts. When the judicial organization in the classical Ottoman State is considered, it is reasonable that the first institution that comes to mind is the qadi; however, the establishment of justice cannot be carried out by a single institution. In this context, ases also found a place in the mentioned organization. In the doctrine, it is stated that ases work mainly at nights, have military duties, and are tasked with ensuring public order, overseeing prisons, and executing criminal sentences. The study, which was prepared mainly based on qadi registers, examines how these mentioned issues are reflected in the classical period Ottoman practice. Focusing on a specific period and city and focusing only on the roles of ases as assistant judges make the study relatively unique. It is possible to mention the results of the research carried out so far as follows: Ases carried out their duties under a certain organization. In addition to the statements in the doctrine, they worked under officials called "emin" and "subaşı", who can be described as “ehl-i örf”, rather than the qadi. Since there was more than one ases, asesbaşı / ases kethüdası was chosen among them. Likewise, as new information, it can be predicted that there are interns who are described as “ases oğlanı”. They received wages under the name of "mevâcib-i ases" for the duties they performed. It can be said that their main duty as assistants to the qadi is to request that cases, especially those related to criminal law, be recorded in the registry. Drinking alcohol, violent acts, insults, and acts against public morality were recorded in the registry upon the request of the ases. It is understood from the records that the ases directly intervened in the crime, ensured the emergence of evidence and confessions, and took the statements of witnesses. Ases, who could vouch for a person, were also able to ensure that others vouched for each other. Ases, who could also take part in the discovery and investigation committees, were able to take on the role of trustee and execution officer. The rapid and fundamental effects of the ases in presenting legal arguments to the judge who will resolve the dispute is an important experience in legal history.