Author: James Baldwin

Publisher: Edinburgh University Press

ISBN: 1474403107

Category: Social Science

Page: 248

View: 9660

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
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Author: James Baldwin

Publisher: Edinburgh University Press

ISBN: 1474419070

Category: Social Science

Page: 248

View: 8733

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
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Islamic Law and Custom in the Courts of Ottoman Cairo

Author: Reem A. Meshal

Publisher: Oxford University Press

ISBN: 9774166175

Category: History

Page: 290

View: 981

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. Contrary to the prevailing scholarly view, this work adopts the position that local custom began to diminish and decline as a source of authority. These issues resonate today, several centuries later, in the continuing discussions of individual rights in relation to Islamic law.
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Author: Guy Burak

Publisher: Cambridge University Press

ISBN: 110709027X

Category: History

Page: 286

View: 893

The Second Formation of Islamic Law offers a new periodization of Islamic legal history in the eastern Islamic lands.
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Insurgents, Courts and Justice in Modern Conflict

Author: Frank Ledwidge

Publisher: Oxford University Press

ISBN: 184904922X

Category: Law

Page: N.A

View: 4622

In most societies, courts are where the rubber of government meets the road of the people. If a state cannot settle disputes and ensure that its decisions are carried out, for practical purposes it is no longer in charge. This is why successful rebels put courts and justice at the top of their agendas. Rebel Law examines this key weapon in the armory of insurgent groups, ranging from the Ireland of the 1920s, where the IRA sapped British power using 'Republican Tribunals' to today's 'Caliphate of Law' - the Islamic State, by way of Algeria in the 1950s and the Afghan Taliban. Frank Ledwidge tells how insurgent courts bleed legitimacy from government, decide cases and enforce judgments on the battlefield itself. Astute counterinsurgents, especially in "ungoverned space," can ensure that they retain the initiative. The book describes French, Turkish and British colonial "judicial strategy" and contrasts their experience with the chaos of more recent "stabilization operations" in Iraq and Afghanistan, drawing lessons for contemporary counterinsurgents. Rebel Law builds on his insights and shows that the courts themselves can be used as weapons for both sides in highly unconventional warfare.
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Author: Norman Itzkowitz

Publisher: University of Chicago Press

ISBN: 022609801X

Category: History

Page: 128

View: 9381

This skillfully written text presents the full sweep of Ottoman history from its beginnings on the Byzantine frontier in about 1300, through its development as an empire, to its late eighteenth-century confrontation with a rapidly modernizing Europe. Itzkowitz delineates the fundamental institutions of the Ottoman state, the major divisions within the society, and the basic ideas on government and social structure. Throughout, Itzkowitz emphasizes the Ottomans' own conception of their historical experience, and in so doing penetrates the surface view provided by the insights of Western observers of the Ottoman world to the core of Ottoman existence.
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Author: Joshua M. White

Publisher: Stanford University Press

ISBN: 150360392X

Category: History

Page: 376

View: 5270

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. Piracy and Law in the Ottoman Mediterranean is the first book to examine 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. Joshua M. White 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.
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The Yildiz Case

Author: Avi Rubin

Publisher: Syracuse University Press

ISBN: 9780815635970

Category: History

Page: N.A

View: 9017

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 re- mains 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.
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Author: Alan Mikhail

Publisher: Oxford University Press

ISBN: 0199315272

Category: History

Page: 315

View: 7520

Animals in Ottoman Egypt examines the multiple changing relationships between humans and animals in a place that affords perhaps the longest documentary record of the human-animal relationship. Egypt was home to the world's first zoo (circa 2500 BCE), one of the oldest religions to incorporateanimal forms, and perhaps the first domesticated dogs. During the crucial centuries of Ottoman rule in Egypt between 1517 and 1882, the changing relationships between humans and animals were central to the transformation of Egypt from an early modern society fully ensconced in an Ottoman imperialsystem of rule to a nineteenth-century centralizing state. Egypt in this period transitioned from being an early modern world characterized primarily by intense human-animal interactions to being one in which this relationship was no longer the basis of commercial and social life. The results ofthis transition were a fundamental reordering of political, economic, social, and ecological power. This book thus seeks to explain one of the most important historical transitions of the last 500 years through the story of changes to one of the most historically significant of human relationships -those with other animals.This history also makes evident how what happened to animals in Ottoman Egypt would eventually happen to certain kinds of humans. Just as livestock, dogs, and elephants were stripped of their constructive social and economic functions in the early nineteenth century, so too were Egyptian peasants,the uneducated, the disabled, the poor, the sick, the criminal, and the itinerant cut out of the productive social and economic realms of Egypt later in the century. As their animal counterparts were confined in veterinary holding pens and the zoo, these humans would be subjected to similarnineteenth-century projects of enclosure - the prison, asylum, conscription camp, hospital, and school. As the social became more strictly, vigorously, and narrowly defined, fewer living human and nonhuman beings were given access to it and its borders came to be more intensely defended throughviolence, coercion, and discipline. Thus, Ottoman Egypt's transition to modernity was a wrenching and painful experience for most animals and humans alike. The story of what happened to the animal in Ottoman Egypt is also the story of what happened to the human - a story of the animal in all ofus.
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The Islamic Legal Tradition

Author: Colin Imber

Publisher: Stanford University Press

ISBN: 0804729271

Category: Religion

Page: 288

View: 6837

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.
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Migration and the making of urban modernity

Author: Ulrike Freitag,Malte Fuhrmann,Nora Lafi,Florian Riedler

Publisher: Routledge

ISBN: 113693488X

Category: History

Page: 272

View: 5127

The nexus of urban governance and human migration was a crucial feature in the modernisation of cities in the Ottoman Empire of the nineteenth century. This book connects these two concepts to examine the Ottoman city as a destination of human migration, throwing new light on the question of conviviality and cosmopolitanism from the perspective of the legal, administrative and political frameworks within which these occur. Focusing on groups of migrants with various ethnic, regional and professional backgrounds, the book juxtaposes the trajectories of these people with attempts by local administrations and the government to control their movements and settlements. By combining a perspective from below with one that focuses on government action, the authors offer broad insights into the phenomenon of migration and city life as a whole. Chapters explore how increased migration driven by new means of transport, military expulsion and economic factors were countered by the state’s attempts to control population movements, as well as the strong internal reforms in the Ottoman world. Providing a rare comparative perspective on an area often fragmented by area studies boundaries, this book will be of great interest to students of History, Middle Eastern Studies, Balkan Studies, Urban Studies and Migration Studies.
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Author: Amira El Azhary Sonbol

Publisher: Syracuse University Press

ISBN: 9780815626886

Category: Social Science

Page: 357

View: 3420

A collection of 18 essays that covers a wide range of material and re-evaluates women's studies and Middle Eastern studies, Muslim women and the Shari'a courts, the Ottoman household, Dhimmi communities, family law, morality and violence.
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Ottoman Law in Comparative Perspective

Author: Haim Gerber

Publisher: SUNY Press

ISBN: 9780791418772

Category: Law

Page: 233

View: 2626

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.
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Author: Daniel A. Stolz

Publisher: Cambridge University Press

ISBN: 1107196337

Category: History

Page: 350

View: 3805

This history of astronomy in Egypt reveals how modern science came to play an authoritative role in Islamic religious practice.
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Authority, Discretion, and Everyday Experiences in Mamluk Egypt

Author: Kristen Stilt

Publisher: OUP Oxford

ISBN: 0191629820

Category: Law

Page: 256

View: 3878

A dynamic account of the practice of Islamic law, this book focuses on the actions of a particular legal official, the muhtasib, whose vast jurisdiction included all public behavior. In the cities of Cairo and neighboring Fustat during the Mamluk period (1250-1517), the men who held the position of muhtasib acted as regulators of markets and public spaces generally. They traversed their jurisdictions carrying out the duty to command right and forbid wrong, and were as much a part of the legal landscape as the better-known figures of judge and mufti. Taking directions from the rulers, the sultan foremost among them, they were also guided by legal doctrine as formulated by the jurists, combining these two sources of law in one face of authority. The daily workings of the law are illuminated by the reports of the muhtasib in the vivid Mamluk-era chronicles, which often also captured the responses of the individuals who encountered the official. The book is organized around actions taken by the muhtasib in the areas of Muslim devotional and pious practices; crimes and offenses; the management of Christians and Jews; market regulation and consumer protection; the specific markets for essential bread; currency and taxes; and public order. The case studies presented show that while legal doctrine was clearly relevant to the muhtasib's actions, the policy demands of the sultan were also quite significant, and rules from both sources of authority intersected with social, political, economic, and personal factors to create full and vibrant scenarios that reveal the practice of Islamic law.
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Author: Christine Woodhead

Publisher: Routledge

ISBN: 113649894X

Category: History

Page: 560

View: 1296

The Ottoman empire as a political entity comprised most of the present Middle East (with the principal exception of Iran), north Africa and south-eastern Europe. For over 500 years, until its disintegration during World War I, it encompassed a diverse range of ethnic, religious and linguistic communities with varying political and cultural backgrounds. Yet, was there such a thing as an ‘Ottoman world’ beyond the principle of sultanic rule from Istanbul? Ottoman authority might have been established largely by military conquest, but how was it maintained for so long, over such distances and so many disparate societies? How did provincial regions relate to the imperial centre and what role was played in this by local elites? What did it mean in practice, for ordinary people, to be part of an ‘Ottoman world’? Arranged in five thematic sections, with contributions from thirty specialist historians, The Ottoman World addresses these questions, examining aspects of the social and socio-ideological composition of this major pre-modern empire, and offers a combination of broad synthesis and detailed investigation that is both informative and intended to raise points for future debate. The Ottoman World provides a unique coverage of the Ottoman empire, widening its scope beyond Istanbul to the edges of the empire, and offers key coverage for students and scholars alike.
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Author: Nelida Fuccaro

Publisher: Stanford University Press

ISBN: 0804797765

Category: History

Page: 312

View: 770

This book explores violence in the public lives of modern Middle Eastern cities, approaching violence as an individual and collective experience, a historical event, and an urban process. Violence and the city coexist in a complicated dialogue, and critical consideration of the city offers an important way to understand the transformative powers of violence—its ability to redraw the boundaries of urban life, to create and divide communities, and to affect the ruling strategies of local elites, governments, and transnational political players. The essays included in this volume reflect the diversity of Middle Eastern urbanism from the eighteenth to the late twentieth centuries, from the capitals of Cairo, Tunis, and Baghdad to the provincial towns of Jeddah, Nablus, and Basra and the oil settlements of Dhahran and Abadan. In reconstructing the violent pasts of cities, new vistas on modern Middle Eastern history are opened, offering alternative and complementary perspectives to the making and unmaking of empires, nations, and states. Given the crucial importance of urban centers in shaping the Middle East in the modern era, and the ongoing potential of public histories to foster dialogue and reconciliation, this volume is both critical and timely.
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An Environmental History

Author: Alan Mikhail

Publisher: Cambridge University Press

ISBN: 9781139499552

Category: History

Page: N.A

View: 2867

In one of the first ever environmental histories of the Ottoman Empire, Alan Mikhail examines relations between the empire and its most lucrative province of Egypt. Based on both the local records of various towns and villages in rural Egypt and the imperial orders of the Ottoman state, this book charts how changes in the control of natural resources fundamentally altered the nature of Ottoman imperial sovereignty in Egypt and throughout the empire. In revealing how Egyptian peasants were able to use their knowledge and experience of local environments to force the hand of the imperial state, Nature and Empire in Ottoman Egypt tells a story of the connections of empire stretching from canals in the Egyptian countryside to the palace in Istanbul, from the forests of Anatolia to the shores of the Red Sea, and from a plague flea's bite to the fortunes of one of the most powerful states of the early modern world.
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Author: Kent F. Schull,M. Safa Saraçolu,Robert F. Zens

Publisher: Indiana University Press

ISBN: 0253021006

Category: History

Page: 216

View: 6029

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.
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A Social and Cultural History

Author: Bruce Masters

Publisher: Cambridge University Press

ISBN: 1107067790

Category: History

Page: N.A

View: 8070

The Ottomans ruled much of the Arab World for four centuries. Bruce Masters's work surveys this period, emphasizing the cultural and social changes that occurred against the backdrop of the political realities that Arabs experienced as subjects of the Ottoman sultans. The persistence of Ottoman rule over a vast area for several centuries required that some Arabs collaborate in the imperial enterprise. Masters highlights the role of two social classes that made the empire successful: the Sunni Muslim religious scholars, the ulama, and the urban notables, the acyan. Both groups identified with the Ottoman sultanate and were its firmest backers, although for different reasons. The ulama legitimated the Ottoman state as a righteous Muslim sultanate, while the acyan emerged as the dominant political and economic class in most Arab cities due to their connections to the regime. Together, the two helped to maintain the empire.
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