Research Information System
Thesis Type: Postgraduate
Institution Of The Thesis: Marmara University, Institute of Social Sciences, Department of Public Law, Turkey
Approval Date: 2024
Thesis Language: Turkish
Student: HASENE GÜN
Supervisor: Osman Safa Bursalı
Abstract:
The existence of the deputy manager (kaymakam-ı mütevelli or mütevelli kaymakamı) in Ottoman law of waqf serves the continuity of the waqf and the need for proper management without causing any disruption in management affairs. The manager of the waqf is called mütevelli in Ottoman law, where the manager is referred to as nazır (minister) or kayyım (custodian) in several countries. The manager is authorized to represent the waqf in legal transactions and lawsuits and to act on behalf of the waqf. But in some cases, the manager could not fulfill the duties at all or as required. In this case, the judge, responsible for safeguarding the waqf, appoints a deputy manager to the waqf in line with the custody authority the judge has, considering the need that arises. In this dissertation, I examine the deputy manager who played a critical role in the continuity of the waqf management within the framework of the views accepted in Ottoman law and court practice. In this context, I discuss this position within the waqf management, its distinguishing features from peers, legal qualifications, the situations in which the deputy manager needs to be appointed, rights, duties, powers, responsibilities, coming to office, and termination of the duty.