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Author: Samy A. Ayoub
Publisher: Oxford University Press
ISBN: 0190092939
Category : Law
Languages : en
Pages : 304
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Book Description
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.
Author: Samy A. Ayoub
Publisher: Oxford University Press
ISBN: 0190092939
Category : Law
Languages : en
Pages : 304
Get Book Here
Book Description
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.
Author: Knut S. Vikør
Publisher: Oxford University Press, USA
ISBN: 9780195223989
Category : Law
Languages : en
Pages : 406
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Book Description
The contrast between religion and law has been continuous throughout Muslim history. Islamic law has always existed in a tension between these two forces: God, who gave the law, and the state--the sultan--representing society and implementing the law. This tension and dynamic have created a very particular history for the law--in how it was formulated and by whom, in its theoretical basis and its actual rules, and in how it was practiced in historical reality from the time of its formation until today. That is the main theme of this book. Knut S. Vikor introduces the development and practice of Islamic law to a wide readership: students, lawyers, and the growing number of those interested in Islamic civilization. He summarizes the main concepts of Islamic jurisprudence; discusses debates concerning the historicity of Islamic sources of dogma and the dating of early Islamic law; describes the classic practice of the law, in the formulation and elaboration of legal rules and practice in the courts; and sets out various substantive legal rules, on such vital matters as the family and economic activity.
Author: Samy Ayoub
Publisher:
ISBN: 9780190092955
Category : Hanafites
Languages : en
Pages : 194
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Book Description
This text proposes that late Hanafi legal scholarship in the early modern period secured a role for the Ottoman sultanic authority in the process of lawmaking. It demonstrates that Hanafi jurists sustained and expanded Ottoman sultanic authority through careful reformulations of their own school and their engagement with new notions of governance embraced by the Ottomans.--
Author: Knut S. Vikør
Publisher: Oxford University Press, USA
ISBN: 9780195223972
Category : Law
Languages : en
Pages : 412
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Book Description
The contrast between religion and law has been continuous throughout Muslim history. Islamic law has always existed in a tension between these two forces: God, who gave the law, and the state--the sultan--representing society and implementing the law. This tension and dynamic have created a very particular history for the law--in how it was formulated and by whom, in its theoretical basis and its actual rules, and in how it was practiced in historical reality from the time of its formation until today. That is the main theme of this book. Knut S. Vikor introduces the development and practice of Islamic law to a wide readership: students, lawyers, and the growing number of those interested in Islamic civilization. He summarizes the main concepts of Islamic jurisprudence; discusses debates concerning the historicity of Islamic sources of dogma and the dating of early Islamic law; describes the classic practice of the law, in the formulation and elaboration of legal rules and practice in the courts; and sets out various substantive legal rules, on such vital matters as the family and economic activity.
Author: James E. Baldwin
Publisher: Edinburgh University Press
ISBN: 1474403107
Category : Social Science
Languages : en
Pages : 248
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Book Description
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
Author: Abdurrahman Atçıl
Publisher: Cambridge University Press
ISBN: 1107177162
Category : History
Languages : en
Pages : 275
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Book Description
This book examines the transformation of scholars into scholar-bureaucrats and discusses ideology, law and administration in the Ottoman Empire.
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: Faisal H. Husain
Publisher: Oxford University Press
ISBN: 019754729X
Category : History
Languages : en
Pages : 264
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Book Description
The Tigris and Euphrates rivers run through the heart of the Middle East and merge in the area of Mesopotamia known as the "cradle of civilization." In their long and volatile political history, the sixteenth century ushered in a rare era of stability and integration. A series of military campaigns between the Mediterranean Sea and the Persian Gulf brought the entirety of their flow under the institutional control of the Ottoman Empire, then at the peak of its power and wealth. Rivers of the Sultan tells the history of the Tigris and Euphrates during the early modern period. Under the leadership of Sultan Süleyman I, the rivers became Ottoman from mountain to ocean, managed by a political elite that pledged allegiance to a single household, professed a common religion, spoke a lingua franca, and received orders from a central administration based in Istanbul. Faisal Husain details how Ottoman unification institutionalized cooperation among the rivers' dominant users and improved the exploitation of their waters for navigation and food production. Istanbul harnessed the energy and resources of the rivers for its security and economic needs through a complex network of forts, canals, bridges, and shipyards. Above all, the imperial approach to river management rebalanced the natural resource disparity within the Tigris-Euphrates basin. Istanbul regularly organized shipments of grain, metal, and timber from upstream areas of surplus in Anatolia to downstream areas of need in Iraq. Through this policy of natural resource redistribution, the Ottoman Empire strengthened its presence in the eastern borderland region with the Safavid Empire and fended off challenges to its authority. Placing these world historic bodies of water at its center, Rivers of the Sultan reveals intimate bonds between state and society, metropole and periphery, and nature and culture in the early modern world.
Author: Viorel Panaite
Publisher: BRILL
ISBN: 9004411100
Category : History
Languages : en
Pages : 492
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Book Description
Viorel Panaite analyzes the status of tribute-payers from the north of the Danube with reference to Ottoman law of war and peace, focusing on the legal and political methods applied to extend the pax ottomanica system over Wallachia, Moldavia and Transylvania.
Author: Avi Rubin
Publisher: Syracuse University Press
ISBN: 9780815635970
Category : History
Languages : en
Pages : 0
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Book Description
In 1876, a recently dethroned sultan, Abdülaziz, was found dead in his cham- bers, the veins in his arm slashed. Five years later, a group of Ottoman senior officials stood a criminal trial and were found guilty for complicity in his murder. Among the defendants was the world-famous statesman former Grand Vizier and reformer Ahmed Midhat Pasa, a political foe of the autocratic sultan Abdülhamit II, who succeeded Abdülaziz and ruled the empire for thirty-three years. The alleged murder of the former sultan and the trial that ensued were political dramas that captivated audiences both domestically and internationally. The high-profile personalities involved, the international politics at stake, and the intense newspaper coverage all rendered the trial an historic event, but the question of whether the sultan was murdered or committed suicide remains a mystery that continues to be relevant in Turkey today. Drawing upon a wide range of narrative and archival sources, Rubin explores the famous yet understudied trial and its representations in contemporary public discourse and subsequent historiography. Through the reconstruction and analysis of various aspects of the trial, Rubin identifies the emergence of a new culture of legalism that sustained the first modern political trial in the history of the Middle East.
