Islamic Law and Empire in Ottoman Cairo


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




Sharia and the Making of the Modern Egyptian


Book Description

In this book, the author examines sijills, the official documents of the Ottoman Islamic courts, to understand how sharia law, society and the early-modern economy of sixteenth- and seventeenth-century Ottoman Cairo related to the practice of custom in determining rulings. In the sixteenth century, a new legal and cultural orthodoxy fostered the development of an early-modern Islam that broke new ground, giving rise to a new concept of the citizen and his role. These issues resonate today, several centuries later, in the continuing discussions of individual rights in relation to Islamic law.




Ottoman Rule of Law and the Modern Political Trial


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.




Shariʿa, Justice and Legal Order


Book Description

In Shariʿa, Justice and Legal Order: Egyptian and Islamic Law: Selected Essays Rudolph Peters discusses in 35 articles practice of both Shariʿa and state law. The principal themes are legal order and the actual application of law both in the judiciaries as well in cultural and political debates. Many of the topics deal with penal law. Although the majority of studies are situated in the Ottoman and, especially, Egyptian period, few of them are of another region or a more recent period, such as in Nigeria or, also, Egypt. The book’s historical studies are mainly based on archival judicial records and are definitively pioneering. Although the selected articles of this book are the fruit of more than forty years of research, most of them have constantly been cited.




Historicizing Sunni Islam in the Ottoman Empire, c. 1450-c. 1750


Book Description

Articles collected in Historicizing Sunni Islam in the Ottoman Empire, c. 1450-c. 1750 engage with the idea that “Sunnism” itself has a history and trace how particular Islamic genres—ranging from prayer manuals, heresiographies, creeds, hadith and fatwa collections, legal and theological treatises, and historiography to mosques and Sufi convents—developed and were reinterpreted in the Ottoman Empire between c. 1450 and c. 1750. The volume epitomizes the growing scholarly interest in historicizing Islamic discourses and practices of the post-classical era, which has heretofore been styled as a period of decline, reflecting critically on the concepts of ‘tradition’, ‘orthodoxy’ and ‘orthopraxy’ as they were conceived and debated in the context of building and maintaining the longest-lasting Muslim-ruled empire. Contributors: Helen Pfeifer; Nabil al-Tikriti; Derin Terzioğlu; Tijana Krstić; Nir Shafir; Guy Burak; Çiğdem Kafesçioğlu; Grigor Boykov; H. Evren Sünnetçioğlu; Ünver Rüstem; Ayşe Baltacıoğlu-Brammer; Vefa Erginbaş; Selim Güngörürler.




Law, Empire, and the Sultan


Book Description

Introduction -- Ibn Nujaym : The Father of Late Ḥanafism? -- "The Sulṭan Says" : Ottoman Sultanic Authority in Late Ḥanafī Tradition -- Ottoman Rationale for Codification : The Mecelle -- Conclusion




Ruler Visibility and Popular Belonging in the Ottoman Empire, 1808-1908


Book Description

This book argues that the periodic ceremonial intrusion into the everyday lives of people across the Ottoman Empire, which the annual royal birthday and accession-day celebrations constituted, had multiple, far-reaching and largely unexplored consequences. On the one hand, it brought ordinary subjects into symbolic contact with the monarch and forged lasting vertical ties of loyalty to him, irrespective of language, location, creed or class. On the other hand, the rounds of royal celebration played a key role in the creation of new types of horizontal ties and ethnic group consciousness that crystallized into national movements and, after the empire's demise, national monarchies.




Land and Legal Texts in the Early Modern Ottoman Empire


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.




Islam, Authoritarianism, and Underdevelopment


Book Description

Analyzes Muslim countries' contemporary problems, particularly violence, authoritarianism, and underdevelopment, comparing their historical levels of development with Western Europe.




Rebel Law


Book Description

"In most societies, courts are where the rubber of government meets the road of the people. If a state cannot settle disputes and enforce its decisions, to all intents and purposes it is no longer in charge. This is why successful rebels put courts and justice at the top of their agendas. Rebel Law explores this key weapon in the arsenal of insurgent groups, from the IRA's 'Republican Tribunals' of the 1920s to Islamic State's 'Caliphate of Law,' via the ALN in Algeria of the 50s and 60s and the Afghan Taliban of recent years. Frank Ledwidge delineates the battle in such ungoverned spaces between counterinsurgents seeking to retain the initiative and the insurgent courts undermining them. Contrasting colonial judicial strategy with the chaos of stabilisation operations in Iraq and Afghanistan, he offers compelling lessons for today's conflicts"--Book jacket.