An Investigation on the Application of Liberty Binding and Restricting Penalty in the Abdulmecid Period

Abstract

It is known that radical and serious steps were taken in the field of law with the Tanzimat period. The introduction of new legal regulations within the legal community and the beginning of their use are some of these steps. The aim of this research is to investigate the exile, fortress, shackles, penal servitudes punishments and to reveal the system in the heavy penal practices of the Ottoman Empire during the reign of Abdulmecid. The penalties in question have a separate value in that they contain clues to the heavy criminal understanding of the period. The questions of the research aim to clarify where the criminals with the heavy penalties were sent, in which cases they were subjected to compulsory residence, for what reasons heavy duty was employed or due to which crime they were imprisoned in a castle. It has been observed that the variety of crime committed is the main factor in determining the type of punishment. Document analysis approach, one of the qualitative research methods, was used in the research. The data sources of the study are composed of documents belonging to the period found in the Ottoman Archives of the Prime Ministry. It has been found that the exile penalty in the heavy penalties category is applied more than the other punisments we have examined.