Land And Legal Texts In The Early Modern Ottoman Empire

Author : Malissa Taylor
Publisher : Bloomsbury Publishing
Page : 347 pages
File Size : 49,6 Mb
Release : 2023-09-21
Category : History
ISBN : 9780755647705

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Land and Legal Texts in the Early Modern Ottoman Empire by Malissa Taylor Pdf

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 : Malissa Taylor
Publisher : Bloomsbury Publishing
Page : 215 pages
File Size : 54,9 Mb
Release : 2023-09-21
Category : History
ISBN : 9780755647699

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Land and Legal Texts in the Early Modern Ottoman Empire by Malissa Taylor Pdf

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 : Guy Burak
Publisher : Cambridge University Press
Page : 293 pages
File Size : 51,8 Mb
Release : 2015-01-12
Category : History
ISBN : 9781107090279

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The Second Formation of Islamic Law by Guy Burak Pdf

The Second Formation of Islamic Law offers a new periodization of Islamic legal history in the eastern Islamic lands.

Author : Kent F. Schull,M. Safa Saraçolu,Robert F. Zens
Publisher : Indiana University Press
Page : 216 pages
File Size : 52,5 Mb
Release : 2016-01-07
Category : History
ISBN : 9780253021007

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Law and Legality in the Ottoman Empire and Republic of Turkey by Kent F. Schull,M. Safa Saraçolu,Robert F. Zens Pdf

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 : Annette Caroline Cremer
Publisher : Routledge
Page : 290 pages
File Size : 49,8 Mb
Release : 2020-10-26
Category : History
ISBN : 9781000204209

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Gender, Law and Material Culture by Annette Caroline Cremer Pdf

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.

Author : Sabrina Joseph
Publisher : BRILL
Page : 211 pages
File Size : 54,6 Mb
Release : 2012-05-08
Category : Business & Economics
ISBN : 9789004228351

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Islamic Law on Peasant Usufruct in Ottoman Syria by Sabrina Joseph Pdf

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 : James E. Baldwin
Publisher : Edinburgh University Press
Page : 248 pages
File Size : 47,9 Mb
Release : 2016-12-05
Category : Social Science
ISBN : 9781474403108

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Islamic Law and Empire in Ottoman Cairo by James E. Baldwin Pdf

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 : Samy Ayoub
Publisher : Unknown
Page : 217 pages
File Size : 47,5 Mb
Release : 2019-12-13
Category : Law
ISBN : 9780190092924

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Law, Empire, and the Sultan by Samy Ayoub Pdf

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 : Richard J. Ross
Publisher : NYU Press
Page : 336 pages
File Size : 45,8 Mb
Release : 2013-07-22
Category : Law
ISBN : 9780814771167

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Legal Pluralism and Empires, 1500-1850 by Richard J. Ross Pdf

Historians used to imagine empire as an imperial power extending total domination over its colonies. Now, however, they understand empire as a site in which colonies and their constitutions were regulated by legal pluralism: layered and multicentric systems of law, which incorporated or preserved the law of conquered subjects. By placing the study of law in diverse early modern empires under the rubric of legal pluralism, Legal Pluralism and Empires, 1500-1850 offers both legal scholars and historians a much-needed framework for analyzing the complex and fluid legal politics of empires. Contributors analyze how ideas about law moved across vast empires, how imperial agents and imperial subjects used law, and how relationships between local legal practices and global ones played themselves out in the early modern world. The book’s tremendous geographical breadth, including the British, French, Spanish, Ottoman, and Russian empires, gives readers the most comparative examination of legal pluralism to date. Lauren Benton is Professor of History, Affiliated Professor of Law, and Dean of the Graduate School of Arts and Science at New York University. Her books include A Search for Sovereignty: Law and Geography in European Empires, 1400-1900 and Law and Colonial Cultures: Legal Regimes in World History, 1400-1900. Richard J. Ross is Professor of Law and History at the University of Illinois (Urbana/Champaign) and Director of the Symposium on Comparative Early Modern Legal History. With Steven Wilf, he is currently working on a book, entitled: The Beginnings of American Law: A Comparative Study.

Author : Lâle Can,Michael Christopher Low,Kent F. Schull,Robert Zens
Publisher : Indiana University Press
Page : 283 pages
File Size : 53,8 Mb
Release : 2020-10-13
Category : History
ISBN : 9780253056627

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The Subjects of Ottoman International Law by Lâle Can,Michael Christopher Low,Kent F. Schull,Robert Zens Pdf

The core of this edited volume originates from a special issue of the Journal of the Ottoman and Turkish Studies Association (JOTSA) that goes well beyond the special issue to incorporate the stimulating discussions and insights of two Middle East Studies Association conference roundtables and the important work of additional scholars in order to create a state-of-the-field volume on Ottoman sociolegal studies, particularly regarding Ottoman international law from the eighteenth century to the end of the empire. It makes several important contributions to Ottoman and Turkish studies, namely, by introducing these disciplines to the broader fields of trans-imperial studies, comparative international law, and legal history. Combining the best practices of diplomatic history and history from below to integrate the Ottoman Empire and its subjects into the broader debates of the nineteenth-century trans-imperial history this unique volume represents the exciting work and cutting-edge scholarship on these topics that will continue to shape the field in years to come.

Author : Başak Tuğ
Publisher : BRILL
Page : 300 pages
File Size : 51,5 Mb
Release : 2017-02-06
Category : History
ISBN : 9789004338654

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Politics of Honor in Ottoman Anatolia by Başak Tuğ Pdf

In Politics of Honor Başak Tuğ examines moral and gender order of mid-eighteenth-century Anatolia through petitions and court records to reveal the new and existing mechanisms of social surveillance to overcome imperial anxieties about provincial “disorder”.

Author : Heather L. Ferguson
Publisher : Stanford University Press
Page : 666 pages
File Size : 54,9 Mb
Release : 2018-06-12
Category : History
ISBN : 9781503605534

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The Proper Order of Things by Heather L. Ferguson Pdf

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.

Author : Maurits van den Boogert
Publisher : BRILL
Page : 340 pages
File Size : 47,9 Mb
Release : 2020-11-23
Category : Law
ISBN : 9789047406129

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The Capitulations and the Ottoman Legal System by Maurits van den Boogert Pdf

This study sheds new light on the legal position of Westerners and their Ottoman protégés (berātlıs) by investigating the dynamic relations between Islamic judges and foreign consuls in the Ottoman Empire, providing detailed case studies and critical analyses of theory, perception, and practice.

Author : Colin Imber
Publisher : Isis Press
Page : 356 pages
File Size : 40,6 Mb
Release : 1996
Category : Hukuk- Osmanlı Devleti- Tarih
ISBN : UOM:39015038354760

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Studies in Ottoman History and Law by Colin Imber Pdf

Author : Haim Gerber
Publisher : State University of New York Press
Page : 244 pages
File Size : 41,5 Mb
Release : 1994-07-01
Category : History
ISBN : 9781438403946

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State, Society, and Law in Islam by Haim Gerber Pdf

This book explores the legal structure of the Ottoman Empire between the sixteenth and early nineteenth centuries and examines its association with the Empire's sociopolitical structure. The author's main focus is on the relationship between formal Islamic law and the law as it was actually administered in seventeenth- and eighteenth-century Istanbul and its environs. Using court records, other primary archival documents, and little-used Islamic literature, Gerber establishes for the first time that large bodies of the law were indeed practiced and enforced as law. This refutes the ethnocentric Western view, propagated by Max Weber, that Islamic law was dispensed arbitrarily because of a widening gap between ossified Muslim law and a changing Muslim society. Gerber furthermore integrates his empirical research into a wider theoretical framework adapted from legal and historical-legal anthropology and uses this material as the basis for comparisons between the Ottoman Empire's legal system and other legal systems, most notably that of Morocco. This book shows that although Islamic law as practiced did have to contend with an inviolable sacred core, historical development nevertheless took place that can shed new light on the civilization of Islam.