Land and Legal Texts in the Early Modern Ottoman Empire

Land and Legal Texts in the Early Modern Ottoman Empire PDF

Author: Malissa Taylor

Publisher: Bloomsbury Publishing

Published: 2023-09-21

Total Pages: 215

ISBN-13: 0755647696

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Using Arabic and Ottoman Turkish sources drawn from three genres of legal text, this book is the first full-length study in decades to investigate the evolution of Ottoman land law from its “classical” articulation in the sixteenth century to its reformulation in the 1858 Land Code. The book demonstrates that well before the nineteenth century the tradition of Ottoman land tenure law had developed an indigenous form of property right that would remain intact in the Land Code. In addition, the rising consensus of the jurists that the sultan was the source of the land law paved the way for the wider legislative authority that the Ottoman state would increasingly assert in the Tanzimat period of reform. Demonstrating the profound and ongoing adaptation of a legal tradition that was at once both Ottoman and Islamic, it revises our understanding of the relationship between the modern Islamic world and its early modern past, and what kind of intervention was represented by reform in the 19th century.

Law and Legality in the Ottoman Empire and Republic of Turkey

Law and Legality in the Ottoman Empire and Republic of Turkey PDF

Author: Kent F. Schull

Publisher: Indiana University Press

Published: 2016-01-07

Total Pages: 216

ISBN-13: 0253021006

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The editors of this volume have gathered leading scholars on the Ottoman Empire and the Republic of Turkey to chronologically examine the sweep and variety of sociolegal projects being carried in the region. These efforts intersect issues of property, gender, legal literacy, the demarcation of village boundaries, the codification of Islamic law, economic liberalism, crime and punishment, and refugee rights across the empire and the Aegean region of the Turkish Republic.

The Climate of Rebellion in the Early Modern Ottoman Empire

The Climate of Rebellion in the Early Modern Ottoman Empire PDF

Author: Sam White

Publisher: Cambridge University Press

Published: 2011-08-15

Total Pages: 377

ISBN-13: 1139499491

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The Climate of Rebellion in the Early Modern Ottoman Empire explores the serious and far-reaching impacts of Little Ice Age climate fluctuations in Ottoman lands. This study demonstrates how imperial systems of provisioning and settlement that defined Ottoman power in the 1500s came unraveled in the face of ecological pressures and extreme cold and drought, leading to the outbreak of the destructive Celali Rebellion (1595–1610). This rebellion marked a turning point in Ottoman fortunes, as a combination of ongoing Little Ice Age climate events, nomad incursions and rural disorder postponed Ottoman recovery over the following century, with enduring impacts on the region's population, land use and economy.

The Second Formation of Islamic Law

The Second Formation of Islamic Law PDF

Author: Guy Burak

Publisher: Cambridge University Press

Published: 2015-01-12

Total Pages: 293

ISBN-13: 1316195678

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The Second Formation of Islamic Law is the first book to deal with the rise of an official school of law in the post-Mongol period. The author explores how the Ottoman dynasty shaped the structure and doctrine of a particular branch within the Hanafi school of law. In addition, the book examines the opposition of various jurists, mostly from the empire's Arab provinces, to this development. By looking at the emergence of the concept of an official school of law, the book seeks to call into question the grand narratives of Islamic legal history that tend to see the nineteenth century as the major rupture. Instead, an argument is formed that some of the supposedly nineteenth-century developments, such as the codification of Islamic law, are rooted in much earlier centuries. In so doing, the book offers a new periodization of Islamic legal history in the eastern Islamic lands.

Mapping the Ottomans

Mapping the Ottomans PDF

Author: Palmira Brummett

Publisher: Cambridge University Press

Published: 2015-05-19

Total Pages: 385

ISBN-13: 1107090776

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This book examines how Ottomans were mapped in the narrative and visual imagination of early modern Europe's Christian kingdoms.

Islamic Law and Empire in Ottoman Cairo

Islamic Law and Empire in Ottoman Cairo PDF

Author: James E. Baldwin

Publisher: Edinburgh University Press

Published: 2016-12-05

Total Pages: 248

ISBN-13: 1474403107

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A study of Islamic law and political power in the Ottoman Empires richest provincial cityWhat did Islamic law mean in the early modern period, a world of great Muslim empires? Often portrayed as the quintessential jurists law, to a large extent it was developed by scholars outside the purview of the state. However, for the Sultans of the Ottoman Empire, justice was the ultimate duty of the monarch, and Islamic law was a tool of legitimation and governance. James E. Baldwin examines how the interplay of these two conceptions of Islamic law religious scholarship and royal justice undergirded legal practice in Cairo, the largest and richest city in the Ottoman provinces. Through detailed studies of the various formal and informal dispute resolution institutions and practices that formed the fabric of law in Ottoman Cairo, his book contributes to key questions concerning the relationship between the shariaa and political power, the plurality of Islamic legal practice, and the nature of centre-periphery relations in the Ottoman Empire.Key featuresOffers a new interpretation of the relationship between Islamic law and political powerPresents law as the key nexus connecting Egypt with the imperial capital Istanbul during the period of Ottoman decentralizationStudies judicial institutions such as the governors Diwan and the imperial council that have received little attention in previous scholarshipIntegrates the study of legal records with an analysis of how legal practice was represented in contemporary chroniclesProvides transcriptions and translations of a range of Ottoman legal documents

Islamic Law on Peasant Usufruct in Ottoman Syria

Islamic Law on Peasant Usufruct in Ottoman Syria PDF

Author: Sabrina Joseph

Publisher: BRILL

Published: 2012-05-08

Total Pages: 211

ISBN-13: 9004228357

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Drawing on Hanafi legal texts from Ottoman Syria between the 17th and early 19th centuries, this book examines how jurists balanced the rights and obligations of tenants and landlords on state and waqf lands, contributing in the process to the dynamism of the law and the adaptability and longevity of the Ottoman land system.

Law, Empire, and the Sultan

Law, Empire, and the Sultan PDF

Author: Samy Ayoub

Publisher:

Published: 2019-12-13

Total Pages: 217

ISBN-13: 0190092920

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This book is the first study of late Hanafism in the early modern Ottoman Empire. It examines Ottoman imperial authority in authoritative Hanafi legal works from the Ottoman world of the sixteenth to nineteenth centuries CE, casting new light on the understudied late Hanafi jurists (al-muta'akhkhirun). By taking the madhhab and its juristic discourse as the central focus and introducing "late Hanafism" as a framework of analysis, this study demonstrates that late Hanafi jurists assigned probative value and authority to the orders and edicts of the Ottoman sultan. This authority is reflected in the sultan's ability to settle juristic disputes, to order specific opinions to be adopted in legal opinions (fatawa), and to establish his orders as authoritative and final reference points. The incorporation of sultanic orders into authoritative Hanafi legal commentaries, treatises, and fatwa collections was made possible by a shift in Hanafi legal commitments that embraced sultanic authority as an indispensable element of the lawmaking process.

Gender, Law and Material Culture

Gender, Law and Material Culture PDF

Author: Annette Caroline Cremer

Publisher: Routledge

Published: 2020-10-26

Total Pages: 290

ISBN-13: 1000204200

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This interdisciplinary volume discusses the division of the early modern material world into the important legal, economic, and personal categories of mobile and immobile property, possession, and the rights to usufruct. The chapters describe and compare different modes of acquisition and intergenerational transfer via law and custom. The varying perspectives, including cultural history, legal history, social and economic history, philosophy, and law, allow for a more nuanced understanding of the links between the movability of an object and the gender of the person who owned, possessed, or used it. Case studies and examples come from a wide geographical range, including Norway, England, Scotland, the Holy Roman Empire, Italy, Tyrol, the Ottoman Empire, Greece, Romania, and the European colonies in Brazil and Jamaica. By covering both urban and rural areas and exploring all social groups, from ruling elites to the lower strata of society, the chapters offer fresh insight into the division of mobile and immobile property that socially and economically posed disadvantages for women. By exploring a broad scope of topics, including landownership, marriage contracts, slaveholding, and the dowry, this book is an essential resource for both researchers and students of women’s history, social and economic history, and material culture.

The Proper Order of Things

The Proper Order of Things PDF

Author: Heather L. Ferguson

Publisher: Stanford University Press

Published: 2018-06-12

Total Pages: 666

ISBN-13: 1503605531

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The "natural order of the state" was an early modern mania for the Ottoman Empire. In a time of profound and pervasive imperial transformation, the ideals of stability, proper order, and social harmony were integral to the legitimization of Ottoman power. And as Ottoman territory grew, so too did its network of written texts: a web of sultanic edicts, aimed at defining and supplementing imperial authority in the empire's disparate provinces. With this book, Heather L. Ferguson studies how this textual empire created a unique vision of Ottoman legal and social order, and how the Ottoman ruling elite, via sword and pen, articulated a claim to universal sovereignty that subverted internal challengers and external rivals. The Proper Order of Things offers the story of an empire, at once familiar and strange, told through the shifting written vocabularies of power deployed by the Ottomans in their quest to thrive within a competitive early modern environment. Ferguson transcends the question of what these documents said, revealing instead how their formulation of the "proper order of things" configured the state itself. Through this textual authority, she argues, Ottoman writers ensured the durability of their empire, creating the principles of organization on which Ottoman statecraft and authority came to rest.