Ottoman Studies

This vividly detailed revisionist history exposes the underworld of the largest metropolis of the early modern Mediterranean and through it the entire fabric of a complex, multicultural society. Fariba Zarinebaf maps the history of crime and punishment in Istanbul over more than one hundred years, considering transgressions such as riots, prostitution, theft, and murder and at the same time tracing how the state controlled and punished its unruly population. Taking us through the city's streets, workshops, and houses, she gives voice to ordinary people--the man accused of stealing, the woman accused of prostitution, and the vagabond expelled from the city. She finds that Istanbul in this period remains mischaracterized--in part by the sensational and exotic accounts of European travelers who portrayed it as the embodiment of Ottoman decline, rife with decadence, sin, and disease. Linking the history of crime and punishment to the dramatic political, economic, and social transformations that occurred in the eighteenth century, Zarinebaf finds in fact that Istanbul had much more in common with other emerging modern cities in Europe, and even in America.

The jurist Ebu's-suud (c. 1490-1574) occupies a key position in the history of Islamic law. An Ottoman tradition, which began in the seventeenth century and which modern historians often reiterate, asserts that Ebu's-suud succeeded in harmonizing the secular law with the shari 'a, creating, in effect, a new ideal Islamic legal system. This book examines the validity of this assertion. The author begins by choosing five areas of Islamic law for analysis: the Sultan and legal sovereignty; land tenure and taxation; trusts in mortmain; marriage and the family; and crimes and torts. In each of these areas, he lays out the most important rules and concepts in the Islamic juristic tradition, and then gives his translations of a selection of Ebu's-suud's writings on the topic in question, with a brief analysis. From these materials, the author suggests that readers draw their own conclusions as to whether Ebu's-suud did indeed reconcile Ottoman secular legal practice with the sacred law.

In this skillful analysis, Leslie Peirce delves into the life of a sixteenth-century Middle Eastern community, bringing to light the ways that women and men used their local law court to solve personal, family, and community problems. Examining one year's proceedings of the court of Aintab, an Anatolian city that had recently been conquered by the Ottoman sultanate, Peirce argues that local residents responded to new opportunities and new constraints by negotiating flexible legal practices. Their actions and the different compromises they reached in court influenced how society viewed gender and also created a dialogue with the ruling regime over mutual rights and obligations. Locating its discussion of gender and legal issues in the context of the changing administrative practices and shifting power relations of the period, Morality Tales argues that it was only in local interpretation that legal rules acquired vitality and meaning.

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

In an rewarding new study, Tucker explores the way in which Islamic legal thinkers understood Islam as it related to women and gender roles. In seventeenth and eighteenth century Syria and Palestine, Muslim legal thinkers gave considerable attention to women's roles in society, and Tucker shows how fatwas, or legal opinions, greatly influenced these roles. She challenges prevailing views on Islam and gender, revealing Islamic law to have been more fluid and flexible than previously thought. Although the legal system had a consistent patriarchal orientation, it was modulated by sensitivities to the practical needs of women, men, and children. In her comprehensive overview of a field long neglected by scholars, Tucker deepens our understanding of how societies, including our own, construct gender roles.

A fresh look at one of the most important landmarks in the passage of the Ottoman Middle East to modernity during the late nineteenth century, this book explores the Nizamiye court system. The author offers an innovative conceptualization to serve as an alternative to common - yet poorly grounded - wisdoms about legal change in the modern Middle East. Employing a socio-legal approach, this study is focused on "law in action," as experienced in and outside the Nizamiye courts of law.

This book studies the functions of Islamic courts within the framework of the late seventeenth- and early eighteenth-century Ottoman provincial administration, and explores the processes of adjudication and dispute resolution through a detailed juxtaposition of court records from two Anatolian towns, Çank r and Kastamonu.In particular, it identifies the socio-economic backgrounds of the court clients, the kinds of issues that they brought to the courts, their strategies of litigation, and how disputes were resolved in the courts. This book also sheds light on the costs of court usage and reveals alternative sites for dispute resolution that existed independently of the courts.This study is particularly useful for the students of legal anthropology as it pays a special attention to the practice of law and the process of dispute resolution.

Rudolph Peters' book is about crimes and their punishments as laid down in Islamic law. In recent years some of the more fundamentalist regimes, such as those of Iran, Pakistan, Sudan and the northern states of Nigeria have reintroduced Islamic law in place of western criminal codes. Peters gives a detailed account of the classical doctrine and traces the enforcement of criminal law from the Ottoman period to the present day. The accounts of actual cases which range from theft, banditry, murder, fornication and apostasy shed light on the complexities of the law, and the sensitivity and perspicacity of the qadis who implemented it. This is the first single-authored account of both the theory and practice of Islamic criminal law. It will be invaluable for students, and scholars in the field, as well as for professionals looking for comprehensive coverage of the topic.

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.

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.

This text offers a comprehensive examination of the shape and impact of piracy in the eastern half of the Mediterranean and the Ottoman Empire's administrative, legal, and diplomatic response.
"The 1570s marked the beginning of an age of pervasive piracy in the Mediterranean that persisted into the eighteenth century. Nowhere was more inviting to pirates than the Ottoman-dominated eastern Mediterranean. In this bustling maritime ecosystem, weak imperial defenses and permissive politics made piracy possible, while robust trade made it profitable. By 1700, the limits of the Ottoman Mediterranean were defined not by Ottoman territorial sovereignty or naval supremacy, but by the reach of imperial law, which had been indelibly shaped by the challenge of piracy. [This book examines] Mediterranean piracy from the Ottoman perspective, focusing on the administrators and diplomats, jurists and victims who had to contend most with maritime violence. Pirates churned up a sea of paper in their wake: letters, petitions, court documents, legal opinions, ambassadorial reports, travel accounts, captivity narratives, and vast numbers of decrees attest to their impact on lives and livelihoods. [The author] plumbs the depths of these uncharted, frequently uncatalogued waters, revealing how piracy shaped both the Ottoman legal space and the contours of the Mediterranean world.

Studien zur Sprache, Geschichte und Kultur der Turkvölker was founded in 1980 by the Hungarian Turkologist György Hazai. The series deals with all aspects of Turkic language, culture and history, and has a broad temporal and regional scope. It welcomes manuscripts on Central, Northern, Western and Eastern Asia as well as parts of Europe, and allows for a wide time span from the first mention in the 6th century to modernity and present.

In Politics of Honor, Başak Tuğ examines moral and gender order through the glance of legal litigations and petitions in mid-eighteenth century Anatolia. By juxtaposing the Anatolian petitionary registers, subjects' petitions, and Ankara and Bursa court records, she analyzes the institutional framework of legal scrutiny of sexual order. Through a revisionist interpretation, Tuğ demonstrates that a more bureaucratized system of petitioning, a farther hierarchically organized judicial review mechanism, and a more centrally organized penal system of the mid-eighteenth century reinforced the existing mechanisms of social surveillance by the community and the co-existing "discretionary authority" of the Ottoman state over sexual crimes to overcome imperial anxieties about provincial "disorder".

Altı asır boyunca egemenliğini devlet, hukuk, adalet anlayışıyla sağlayan Osmanlılar, iktidarlarını ise kanun ile ahlak dengesiyle ayakta tutmuşlardır. Batı kaynaklarında Osmanlı halkından herhangi bir kimsenin hükümdarı bile dava edebileceğinden övgüyle bahsedilmiştir. Öte yandan bürokratlar ise hükümdarın asli prensipleri ezip geçmesi karşısında onu tahtından edebilmişlerdir. Hem Osmanlıları "Devlet-i Aliyye-i Osmâniyye" yapan hem de "Devlet-i Ebed-müddet" sözünü slogan olmaktan kalıcı bir mekanizma haline getiren düşünce, din ve devletin selameti adına devlet-hukuk-adalet güçlerinin bir direnç unsuru olarak daima bir arada yaşamış ve yaşatılmış olmasıdır.
Tarih yazıcılığında çığır açmış olan Halil İnalcık, Osmanlı’da Devlet, Hukuk ve Adâlet kitabında devlet anlayışı, kanun rejimi, kanunların uygulanış biçimi ve adalet yöntemleri üzerine araştırmalarını bir araya getiriyor. Okuyucular kitabı bitirdiklerinde, Osmanlı Devleti’nin birçok millet ve dini altı asır nasıl bir arada tutup idare ettiğini en orijinal bilgiler eşliğinde öğrenmiş olacaklar.

During the seventeenth and eighteenth centuries, the Ottoman Empire endured long periods of warfare, facing intense financial pressures and new international mercantile and monetary trends. The Empire also experienced major political-administrative restructuring and socioeconomic transformations. In the context of this tumultuous change, The Economics of Ottoman Justice examines Ottoman legal practices and the sharia court's operations to reflect on the judicial system and provincial relationships. Metin Coşgel and Boğaç Ergene provide a systematic depiction of socio-legal interactions, identifying how different social, economic, gender and religious groups used the court, how they settled their disputes, and which factors contributed to their success at trial. Using an economic approach, Coşgel and Ergene offer rare insights into the role of power differences in judicial interactions, and into the reproduction of communal hierarchies in court, and demonstrate how court use patterns changed over time.

Making use of legal and historical sources, Viorel Panaite analyzes the status of tribute-payers from the north of the Danube with reference to Ottoman law of peace and war. He deals with the impact of Ottoman holy war and the way conquest in Southeast Europe took place; the role of temporary covenants, imperial diplomas and customary norms in outlining the rights and duties of the tributary princes; the power relations between the Ottoman Empire and the tributary-protected principalities of Wallachia, Moldavia and Transylvania. He also focuses on the legal and political methods applied to extend the pax ottomanica system in the area, rather than on the elements that set these territories apart from the rest of the Ottoman Empire.

Studien zur Sprache, Geschichte und Kultur der Turkvölker was founded in 1980 by the Hungarian Turkologist György Hazai. The series deals with all aspects of Turkic language, culture and history, and has a broad temporal and regional scope. It welcomes manuscripts on Central, Northern, Western and Eastern Asia as well as parts of Europe, and allows for a wide time span from the first mention in the 6th century to modernity and present.