Islamic Law on Peasant Usufruct in Ottoman Syria PDF Download
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Author: Sabrina Joseph
Publisher: BRILL
ISBN: 9004228675
Category : Law
Languages : en
Pages : 210
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Book Description
Drawing on Hanafi fatawa and legal commentaries from Ottoman Syria between the 17th and early 19th centuries, this book examines the legal status of tenants and sharecroppers on arable lands, most of which were state or waqf properties. Challenging existing scholarship which argues that the status of cultivators gradually eroded after the 16th century, this study explores how jurists balanced the rights and obligations of tenants and landlords, thereby ensuring the adaptability of the Ottoman land system. The work addresses the differences between sharecropping and tenancy arrangements, the limitations that governed state and waqf officials, and the interplay between shariʿa and qanun in shaping land laws. The book also illustrates the doctrinal development of the law and sheds light on notions of 'ownership’, ideas of private vs. public good, and prevailing conceptions of social and economic justice.
Author: Sabrina Joseph
Publisher: BRILL
ISBN: 9004228675
Category : Law
Languages : en
Pages : 210
Get Book Here
Book Description
Drawing on Hanafi fatawa and legal commentaries from Ottoman Syria between the 17th and early 19th centuries, this book examines the legal status of tenants and sharecroppers on arable lands, most of which were state or waqf properties. Challenging existing scholarship which argues that the status of cultivators gradually eroded after the 16th century, this study explores how jurists balanced the rights and obligations of tenants and landlords, thereby ensuring the adaptability of the Ottoman land system. The work addresses the differences between sharecropping and tenancy arrangements, the limitations that governed state and waqf officials, and the interplay between shariʿa and qanun in shaping land laws. The book also illustrates the doctrinal development of the law and sheds light on notions of 'ownership’, ideas of private vs. public good, and prevailing conceptions of social and economic justice.
Author: Sabrina Joseph
Publisher: BRILL
ISBN: 9004228357
Category : Business & Economics
Languages : en
Pages : 211
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Book Description
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.
Author: Kent F. Schull
Publisher: Indiana University Press
ISBN: 0253021006
Category : History
Languages : en
Pages : 216
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Book Description
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.
Author: Guy Burak
Publisher: Cambridge University Press
ISBN: 1316195678
Category : History
Languages : en
Pages : 293
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Book Description
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.
Author: Malissa Taylor
Publisher: Bloomsbury Publishing
ISBN: 075564770X
Category : History
Languages : en
Pages : 347
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Book Description
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.
Author: Sabrina Joseph
Publisher: I.B. Tauris
ISBN: 9789948185505
Category : Social Science
Languages : en
Pages : 288
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Book Description
Throughout history, Islamic law--through its jurists, judges, and scholars--has addressed various social, economic, and cultural issues, and has often drawn upon custom and local practice in doing so. This book examines the dynamism of Islamic law, or sharia, across time and place, particularly in mediating relations between state and society. It also considers the ways in which Muslim intellectuals and scholars have debated the place of Islamic law in society, and illustrates the rich and diverse heritage of the Islamic legal tradition in the Muslim world and beyond. The authors bring together interdisciplinary research on Islamic law in the context of the United States, Europe, Southeast and Central Asia, and the Arab world from as early as the twelfth century up to the twenty-first century, exploring how it has molded and, in certain cases, continues to mold, social, economic, and cultural aspects of daily life.
Author: Stephan Conermann
Publisher: V&R Unipress
ISBN: 3847011529
Category : History
Languages : en
Pages : 505
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Book Description
While the Ottoman conquest of the Mamluk realm in 1516-17 doubtlessly changed the balance of political power in Egypt and Greater Syria, the changes must be seen as a wide-ranging transition process. The present collection of essays provides several case studies on the changing situation during the fifteenth and sixteenth centuries and explains how the reconfiguration of political power affected both Egypt and Greater Syria. With reference to the first volume (2017), this second volume continues the debate on key issues of the transition period with contributions by scholars from both Mamluk and Ottoman studies. By combining these perspectives, the authors provide a more comprehensive and nuanced picture of the process of transformation from Mamluk to Ottoman rule.
Author: Stephan Conermann
Publisher: V&R Unipress
ISBN: 3847010379
Category : History
Languages : en
Pages : 449
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Book Description
Slaves and Slave Agency in the Ottoman Empire offers a new contribution to slavery studies relating to the Ottoman Empire. Given the fact that the classical binary of 'slavery' and 'freedom' derives from the transatlantic experience, this volume presents an alternative approach by examining the strong asymmetric relationships of dependency documented in the Ottoman Empire. A closer look at the Ottoman social order discloses manifold and ambiguous conditions involving enslavement practices, rather than a single universal pattern. The authors examine various forms of enslavement and dependency with a particular focus on agency, i. e. the room for maneuver, which the enslaved could secure for themselves, or else the available options for action in situations of extreme individual or group dependencies.
Author: Toru Miura
Publisher: BRILL
ISBN: 9004304436
Category : Social Science
Languages : en
Pages : 369
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Book Description
This book presents a new perspective on Islamic urban society: a dynamism of social networking and justice which caused both rapid development and sudden decay in the Ṣāliḥiyya quarter. Founded in the northern suburbs of Damascus by Hanbali ulama who migrated from Palestine to Syria in the mid-12th century, the quarter developed into a city through waqf endowments. It has attracted the attention of historians and travelers for its unique location, popular movements and religious features. Through the study of local chronicles, topographies and archival sources and through modern field research, Toru Miura explores the history of the Ṣāliḥiyya quarter from its foundation to the early 20th century, comparing it to European, Chinese and Japanese cities.
Author: Vivian Strotmann
Publisher: BRILL
ISBN: 9004305408
Category : History
Languages : en
Pages : 369
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Book Description
In Majd al-Dīn al-Fīrūzābādī (1329-1415): A Polymath on the Eve of the Early Modern Period, Vivian Strotmann provides a detailed reconstruction of the famous lexicographer’s and travelling scholar’s life and works. The ‘author of the Qāmūs al-muḥīṭ’ is widely known for his Arabic lexicon, which overshadows the astounding breadth of his writing. This polymathic aspect is elucidated through detailed reconstruction of al-Fīrūzābādī’s corpus, including examination of works that were considered lost and misapprehensions concerning ascriptions of authorship. Through minute analysis of biographical sources, the book shows al-Fīrūzābādī’s development as a scholar, his central role in the defence of Ibn al-ʿArabī’s teachings and thereby his importance as a powerful intellectual in Timurid times and for developments during the Early Modern Period.
