İslam İnşâ Hukukunun Mardin Kent Mekânına Yansıması (11.-19. yy)

Abstract

Just like every society has an urban model, the Muslim community, regulated by Islamic law, has a city model according to its world view and the relationship it predicts. The hadiths attributed to the Prophet regarding the privacy of the dwelling and the looking after neighbourly rights ensured the formation of norms for construction, which was the source of this model. Special chapters on construction emerged in fiqh books through Islamic jurists interpreting hadiths on the inviolability of the dwelling and the prevention of harm to the neighbour. These sections served as a source for the formation of special texts for later construction. These texts, which are based on the functions and legal structures of the walls, have been transformed into "amele" that is to say practice as a special branch of Islamic law with the theme of fiqh al-bunyan / construction law in different parts of the Islamic geography. Although more emphasis is placed on topography and tradition in the spatial analysis of Islamic geography cities, Islamic construction law, which has its own norms and responsibility, has been ignored. This article discusses the effect and reflections of Islamic construction law in the space production of the area built on the southern slopes of the castle which constitutes the basis of Mardin's urban identity. In this context, it scrutinizes the role of Islamic construction law in the reproduction, regulation and maintenance of urban space in the process from the first formation of the settlement on the skirt of the castle that started with the Mervanids to the urban identity it gained in the Artuqids period and then to the end of the Ottoman rule, by referring to the relevant literature and the Mardin Şer'iyye Records.