Osmanlı Hukukunda Bir Ceza Olarak Sürgün ve İki Osmanlı Sultanının Sürgünle İlgili Hattı-ı Hümayunları

Crime and punishment has always existed in the laws of the societies, but their nature, their perception and the way of application has permanently underwent important changes. The term “banishment”, which was taken as an judicial concept, punishment and an art of penalty in this study, as far as the Otoman period was concerned, had different implications. The chief sources of the study, which approximately covers the first half of the XIXth century, are those registers of banishment in the books of “nefy ü kısas” and the imperial handschrifts of the two consecutive Otoman sultans, Selim III and Mahmut II. Banishment as an art of penalty, is the subject of both religious (şer’i) and customary (örfi) law and can be applied into various other crimes. If the suspect was found guilty, his removal from the post is accompanied with the abolishment of his all tittles as well as some other penalties like confiscation. The topic was handled under the sub-titles of the causes (or rather the crimes necessitating) of banishment, the sanctioning of the punishment, the way to be sent into exile and the life in the exile, the termintion of and the exemption from the the exile.