Ebu's-su'ud


Book Description

The Jurist Ebu's-su`ud (c1490-1574) occupies a key position in the history of Islamic Law. He was a scholar who, for forty years, occupied successfully the senior judicial positions in the Ottoman Empire. Confronting the problem of reconciling classical Islamic jurisprudence with the day-to-day legal needs of an empire, he earned an enduring reputation as the jurist who harmonised the Holy Law of Islam with secular practice. The book examines the substance of this reputation by showing, through Ebu's-su`ud's writings, how he adapted classical Islamic legal doctrine to contemporary needs.




Ebu’s-su`ud


Book Description

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.




Women in the Ottoman Empire


Book Description

It is an often ignored but fundamental fact that in the Ottoman world, as in most empires, there were 'first-class' and 'second class' subjects. Among the townspeople, peasants and nomads subject to the sultans, who might be Muslims or non-Muslims, adult Muslim males were first-class subjects and all others, including Muslim boys and women, were of the second class. As for the female members of the elite, while less privileged than the males, in some respects their life chances might be better than those of ordinary women. Even so, they shared the risks of pregnancy, childbirth and epidemic diseases with townswomen of the subject class and to a certain extent, with village women as well. Thus, the study of Ottoman women is indispensable for understanding Ottoman society in general. In this book, the agency of women from a diverse range of class, religious, ethnic, and geographic backgrounds is, for the first time, woven into the social and political history of the Ottoman Empire, from the early-modern period to its dissolution in 1918. Suraiya Faroqhi charts the history of elite and non-elite women in thematic chapters concentrating on urban women, family life, work, slavery, education and survival in times of war. In the process the book introduces readers to the key sources, primary and secondary, necessary to reconstruct and understand the ways that females navigated social, legal and economic constraints, through the central prisms of family relations, work and charity. The first introductory social history of women in the Ottoman Empire, and including a timeline and extended further reading section, this book will be essential reading for scholars and students of Ottoman history and the history of women in the Middle East.




Kizilbash-Alevis in Ottoman Anatolia


Book Description

The Kizilbash were at once key players in and the foremost victims of the Ottoman-Safavid conflict that defined the early modern Middle East. Today referred to as Alevis, they constitute the second largest faith community in modern Turkey, with smaller pockets of related groups in the Balkans. Yet several aspects of their history remain little understood or explored. This first comprehensive socio-political history of the Kizilbash/Alevi communities uses a recently surfaced corpus of sources generated within their milieu. It offers fresh answers to many questions concerning their origins and evolution from a revolutionary movement to an inward-looking religious order.




Islamic Legal Thought


Book Description

In Islamic Legal Thought: A Compendium of Muslim Jurists, twenty-three scholars each contribute a chapter containing the biography of a distinguished Muslim jurist and a translated sample of his work. Jurists of the formative, classical and modern periods are represented.




Reformation, Resistance, and Reason of State (1517-1625)


Book Description

The period 1517-1625 was crucial for the development of political thought. During this time of expanding empires, religious upheaval, and social change, new ideas about the organisation and purpose of human communities began to be debated. In particular, there was a concern to understand the political or civil community as bounded, limited in geographical terms and with its own particular structures, characteristics and history. There was also a growing focus, in the wake of the Reformation, on civil or political authority as distinct from the church or religious authority. The concept of sovereignty began to be used, alongside a new language of reason of state—in response, political theories based upon religion gained traction, especially arguments for the divine right of kings. In this volume Sarah Mortimer highlights how, in the midst of these developments, the language of natural law became increasingly important as a means of legitimising political power, opening up scope for religious toleration. Drawing on a wide range of sources from Europe and beyond, Sarah Mortimer offers a new reading of early modern political thought. She makes connections between Christian Europe and the Muslim societies that lay to its south and east, showing the extent to which concerns about the legitimacy of political power were shared. Mortimer demonstrates that the history of political thought can both benefit from, and remain distinctive within, the wider field of intellectual history. The books in The Oxford History of Political Thought series provide an authoritative overview of the political thought of a particular era. They synthesize and expand major developments in scholarship, covering canonical thinkers while placing them in a context of broader traditions, movements, and debates. The history of political thought has been transformed over the last thirty to forty years. Historians still return to the constant landmarks of writers such as Plato, Machiavelli, Hobbes, Rousseau, and Marx; but they have roamed more widely and often thereby cast new light on these authors. They increasingly recognize the importance of archival research, a breadth of sources, contextualization, and historiographical debate. Much of the resulting scholarship has appeared in specialist journals and monographs. The Oxford History of Political Thought makes its profound insights available to a wider audience. Series Editor: Mark Bevir, Professor of Political Science and Director of the Center for British Studies, University of California, Berkeley.




Fifteenth-Century Studies


Book Description

Founded in 1977 as the publication organ for the Fifteenth-Century Symposium, Fifteenth-Century Studies has appeared annually since then. It publishes essays on all aspects of life in the fifteenth century, including medicine, philosophy, painting, religion, science, philology, history, theater, ritual and custom, music, and poetry. The editors strive to do justice to the most contested medieval century, a period that is the stepchild of research. The period defies consensus on fundamental issues: some dispute, in fact, whether the fifteenth century belonged to the Middle Ages at all, arguing that it was a period of transition, a passage to modern times. At issue, therefore, is the very tenor of an age that stood under the tripartite influence of Gutenberg, the Turks, and Columbus. Volume 25 offers a rich palette of art, theology, literature, and aesthetics of the 15th century, ranging geographically from the British Isles to Tibet, and thematically from witch trials and beast epic to early modern science and a definition of courtliness. Four studies on theatre make dramatic art the point of emphasis in volume 25: Clifford Davidson's on mystery plays, Jörn Bockmann and Judith Klinger's on the English Secunda pastorum, Michelle M. Butler's on the York and Townley pageants, and Jean Marc Pastré's on the carneval plays. Included as standard features are Edelgard DuBruck's article on the current state of fifteenth-century research and a book review section. William C. McDonald is professor of German at the University of Virginia. Edelgard E. DuBruck is professor in the Modern Languages Department at Marygrove College, Detroit, Michigan.




"Off the Straight Path"


Book Description

The legal treatment of sexual behavior is a subject that receives little scholarly attention in the field of Middle East women’s studies. Important questions about the relationship between sexuality and the law and about the societies enforcing that relationship are rarely addressed in the current literature. Elyse Semerdjian’s “Off the Straight Path” takes a bold step toward filling that gap by offering a fascinating look at the historical progression of the treatment of illicit sex under Islamic law. Semerdjian provides a comprehensive review of the concept of zina, i.e., sexual indiscretion, by exploring the diverse interpretation of zina crime as presented in a variety of sources from the Qur’an and hadith to legal literature. She then delves into the history of legal responses to zina within the specific community of Aleppo, Syria. Drawing on a wealth of shari‘a court records, Semerdjian provides a realistic view of Syrian society during the Ottoman period. With vivid detail, she describes specific women’s lives and experiences as their cases are presented before the court. Semerdjian argues that the actual treatment of zina crimes in the courts differs substantially from sentences prescribed by codified Islamic jurisprudence. In contrast to the violent corporal punishments dictated in the Islamic legal code, the courts often punished crimes of sexual indiscretion with nonviolent sentences, such as removal from the community. Employing exceptional insight, “Off the Straight Path” presents a powerful challenge to the traditional view of Islamic law, enabling a richer understanding of Islamic society.




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.




Ottoman Sunnism


Book Description

Addressing the contested nature of Ottoman Sunnism from the 14th to the early 20th century, this book draws on diverse perspectives across the empire. Closely reading intellectual, social and mystical traditions within the empire, it clarifies the possibilities that existed within Ottoman Sunnism, presenting it as a complex, nuanced and evolving concept. The authors in this volume rescue Ottoman Sunnism from an increasingly bipolar definition that seeks to present the Ottomans as enshrining a clearly defined orthodoxy, suppressing its contrasting heterodoxy. Challenging established notions that have marked the existing literature, the chapters contribute significantly not only to the ongoing debate on the Ottoman age of confessionalisation but also to the study of religion in the Ottoman context.