İnönü Üniversitesi Hukuk Fakültesi Dergisi

The liability of the animal owner is one of the liabilities regulated in Islamic law. Therefore, in the classical period of the Ottoman state, where Islamic law was applied, regulations regarding the liability of the animal owner can be found in the codes set by the sultans, the fatwa books of the sheikh al-Islams, or, as an example, in the qadi registers themselves. Islamic law states that the owner of an animal is liable for certain damages caused by his animal and irresponsible for certain damages. The liability of the animal owner is regulated as financial responsibility in Islamic law, and it is deemed sufficient to pay compensation to the injured person. In the Ottoman law, on the other hand, in the codes, it was foreseen that the animal owner should be punished with beating and fines as part of the tazir penalty, as well as the compensation responsibility. In this article it will be examined that whether the owner of the animal is responsible for the damage caused by his animals in Islamic law. The practices in the classical period of Ottoman law, which do not conflict with the provisions of Islamic law, will be examined on the basis of fatwas, kadi registers and legal codes. Only the basic points will be emphasized in the rules where the Islamic doctrines differ. Since the Hanafi doctrine was essential in the Ottoman Empire, the Hanafi notion was explained where the notions of other schools were not specified. One of the aims of the article is to show the reflection of fiqh rules in the Ottoman classical period practice in specific to the responsibility of the animal owner.