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Journal articles on the topic 'Ottoman Legal History'

Author: Grafiati

Published: 3 June 2025

Last updated: 31 July 2025

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1

Peters, Rudolph. "The Legal History of Ottoman Egypt." Islamic Law and Society 6, no. 2 (1999): 129–35. http://dx.doi.org/10.1163/1568519991208691.

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Amara, Ahmad. "Civilizational Exceptions: Ottoman Law and Governance in Late Ottoman Palestine." Law and History Review 36, no. 4 (2018): 915–41. http://dx.doi.org/10.1017/s0738248018000342.

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AbstractThis article examines the Ottoman extension of rule and jurisdiction to the Beersheba frontier of southern Palestine. As part of itsTanzimatreform policies, the Ottoman administration founded the new town and sub-district of Beersheba in 1900, and sought to implement a legal reform. Deviating from the formal law that requires the founding of a civil-nizamiye court, the Ottoman instituted a form of legal exception and authorized the local administrative council to sit as a judicial forum and for its Bedouin Shaykh members to serve as judges. Studies of Ottoman Beersheba have typically f

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Miller, Ruth. "The Legal History of the Ottoman Empire." History Compass 6, no. 1 (2008): 286–96. http://dx.doi.org/10.1111/j.1478-0542.2007.00492.x.

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Artunç, Cihan. "The Price of Legal Institutions: TheBeratlıMerchants in the Eighteenth-Century Ottoman Empire." Journal of Economic History 75, no. 3 (2015): 720–48. http://dx.doi.org/10.1017/s0022050715001059.

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In the eighteenth century, European embassies in the Ottoman Empire started selling exemption licenses calledberats, which granted non-Muslim Ottomans tax exemptions and the option to use European law. I construct a novel price panel for British and French licenses based on primary sources. The evidence reveals that prices were significantly high and varied across countries. Agents acquired multipleberatsto enhance their legal options, which they exploited through strategic court switching. By the early 1800s,beratholders had driven other groups from European-Ottoman trade.

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Koç, Yunus. "Erken Dönem Osmanlı Yönetiminin Kanunlaşma ve Devletleşme Süreci / Legalisation and Statehood Process of Early Ottoman Administration." KAMU Hukuk ve Yönetim / PUBLIC, Law and Administration 1, no. 1 (2024): 31–49. https://doi.org/10.5281/zenodo.13150322.

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Ottoman law, as a field of study, has continued to attract the attention of both historians and jurists for a considerable time. In addition to historians such as Ömer Lütfi Barkan and Halil İnalcık, legal historians such as Coşkun Üçok, Ahmet Mumcu, Mehmet Akif Aydın, Ahmet Akgündüz have discussed Ottoman law both theoretically and in terms of sources. Thanks to the studies on thousands of volumes of legal texts that have survived to the present day thanks to the bureaucratic structure of the Ottoman Empire, we can follow the nature of Ottoman law, the relation

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van den Boogert, Maurits H. "Written Proof Between Capitulations and Ottoman Kadi Courts in the Early Modern Period." Turkish Historical Review 12, no. 1 (2021): 1–18. http://dx.doi.org/10.1163/18775462-bja10018.

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Abstract The introduction of legal reforms in the sixteenth century that gave the Hanafi school its central place in the Ottoman legal system coincided with the arrival of new trade partners from the West, first France and later England and the Dutch Republic. The Ottoman authorities’ own emphasis on the primacy of written proof and the marginalization of oral testimony was also reflected in the privileges granted to these new arrivals from the West. Although many European ambassadors and consuls distrusted “Turkish justice”, the Ottoman legal system’s stability and predictability contributed

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Karamursel, Ceyda. "Transplanted Slavery, Contested Freedom, and Vernacularization of Rights in the Reform Era Ottoman Empire." Comparative Studies in Society and History 59, no. 3 (2017): 690–714. http://dx.doi.org/10.1017/s0010417517000226.

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AbstractThis article focuses on the jurisdictional conflicts that emerged at the juncture of the transplanted legalities that followed the Caucasian expulsion in the 1850s and 1860s, the proclamation of the proto-constitution known as the Ottoman Reform Edict of 1856, and the internationally enforced ban on trading in African slaves in 1857. Starting with the Caucasian expulsion, it traces how legal practices were carried over with Caucasian refugees to the Ottoman domains and how the judicial management of slavery-related conflicts determined not only the limits of slavery, but also how such

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Stephens, Julia. "Legal History between the Humanities and Social Sciences." Comparative Studies of South Asia, Africa and the Middle East 39, no. 2 (2019): 349–53. http://dx.doi.org/10.1215/1089201x-7586852.

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Abstract This Kitabkhana contribution situates Beshara Doumani's Family Life in the Ottoman Mediterranean: A Social History within recent trends in the field of legal history. Doumani's hybrid method, which combines quantitative analysis with qualitative case studies, presents a particularly fruitful model for new work in the field.

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Miyase. "Evolutionary Secularisation of the Ottoman Law in the Nineteenth Century: Roots and Implications." Eskiyeni, no. 44 (September 20, 2021): 385–408. https://doi.org/10.37697/eskiyeni.959071.

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In the world history, the nineteenth century witnessed globally major economic, politic, and social changes. More importantly, their implications constitute today’s challenges particularly for modern Muslim-majority states where the tension between state, religion and society has not been settled. There is no doubt that looking at the past where the separation between <em>sharī‘a</em> and state started clearly to appear serves for a better understanding of today’s struggle in locating the role of <em>sharī‘a</em> in legal systems of modern Muslim-majority states. Many o

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Boogert, Maurits van den. "Provocative Wealth: Non-Muslim Elites in Eighteenth-Century Aleppo." Journal of Early Modern History 14, no. 3 (2010): 219–37. http://dx.doi.org/10.1163/157006510x498004.

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AbstractIn the Western sources, the Ottoman legal system is often portrayed as unreliable and incidents of Europeans or Ottoman protégés of Western embassies and consulates who claimed to have been maltreated abound. These reports strengthened the common notion in Europe that Ottoman government officials were rapacious and corrupt. The article challenges these views by analyzing two incidents from 18th-century Aleppo, which shed light not only on the dynamics of Ottoman-European relations on the ground, but also on the status of non-Muslim elites in the Ottoman Empire.

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Aykan, Yavuz. "A Legal Concept in Motion: The ‘Spreader of Corruption’ (sā‘ī bi’l-fesād) from Qarakhanid to Ottoman Jurisprudence." Islamic Law and Society 26, no. 3 (2019): 252–71. http://dx.doi.org/10.1163/15685195-02612a02.

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AbstractThis article traces the genealogies of the legal concept ‘spreader of corruption’. Although some scholars working on Ottoman law consider this concept to be part of the Ottoman ḳānūn tradition, the history of its adaptation by Ottoman jurists actually dates back to the Qarakhanid period (eleventh century CE). It acquired its legal meaning as a result of jurisprudential debates among Ḥanafī jurists in the context of political turmoil and violent factionalism among madhhabs. Later, Seljuq and Golden Horde legal-textual traditions served as conduit for Ottoman jurists to adapt the concep

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Fujinami, Nobuyoshi. "Law for Tanzimat: Islam and Sovereignty in Kemalpaşazade Sait’s Legal Thought." Die Welt des Islams 59, no. 2 (2019): 171–88. http://dx.doi.org/10.1163/15700607-00592p02.

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AbstractKemalpaşazade Sait (1848-1921) is widely acknowledged as one of the first Ottomans to have published textbooks on both international and domestic law, but few studies inquire into the characteristics of his thought in the context of modern legal studies. In his discussion of international law, Sait neglects Islam and fails adequately to examine the question of semi-sovereignty, a vital concern of Ottoman diplomacy at the time. In the field of domestic law, Sait concentrates on praising Reşit Pasha and the Tanzimat reforms he orchestrated, by identifying Islam with the modern Western id

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Hanley, Will. "International Lawyers without Public International Law: The Case of Late Ottoman Egypt." Journal of the History of International Law 18, no. 1 (2016): 98–119. https://doi.org/10.1163/15718050-12340053.

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This essay is part of a pioneering special issue on Ottoman international law, and analyses the work of several Egyptian and Ottoman lawyers focused on the understudied field of private international law. It argues for greater attention to the history of private international law by examining lawyers and functionaries in Ottoman and post-Ottoman Egypt, an especially productive site for the resolution of disputes about domicile and nationality, not to mention trade and investment. I pays particular attention to 'Abd al-Hamid Abu Haif, an Egyptian jurist who prepared a pioneering Arabic-lang

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Can, Lâle. "THE PROTECTION QUESTION: CENTRAL ASIANS AND EXTRATERRITORIALITY IN THE LATE OTTOMAN EMPIRE." International Journal of Middle East Studies 48, no. 4 (2016): 679–99. http://dx.doi.org/10.1017/s0020743816000829.

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AbstractThis article examines the impact of the Ottoman Empire's battle against legal imperialism on the status of Central Asians in its domains, specifically after the promulgation of a nationality law in 1869 that classified them as foreigners. It traces how the threat of Muslim colonial subjects attaining European consular protections led to the emergence of a “Central Asian protection question”: whether Afghans, Bukharans, and Chinese Muslims had legitimate claims to European legal nationality and, by extension, capitulatory privileges. Through a number of case studies, the article shows h

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Ceyhan, Muhammed. "Continuity and Change: the Missed Historical Background of the Turkish Legal Revolution." Turkish Historical Review 13, no. 1-2 (2022): 67–85. http://dx.doi.org/10.1163/18775462-bja10034.

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Abstract The Republic of Turkey, built on the ruins of the Ottoman Empire, has carried out, as in many other areas, a wide-ranging and radical revolution in the field of law; yet, it should be noted that this revolution was founded on the Ottoman Empire’s legacy of innovation and constituted its continuation. How this reality has been evaluated and perceived after the establishment of the Republic of Turkey, however, is a matter of debate. In this article, the legal changes in the period from 1839, when the reforms began, to the end of the 1930s, when they were completed, are considered as a c

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RUBIN, AVI. "Legal borrowing and its impact on Ottoman legal culture in the late nineteenth century." Continuity and Change 22, no. 2 (2007): 279–303. http://dx.doi.org/10.1017/s0268416007006339.

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ABSTRACTThe article sheds fresh light on socio-legal change in the Ottoman Empire during the late nineteenth century by focusing on the legal culture that emerged in the newly established Nizamiye court system. It is argued that a characteristic Nizamiye discourse that emphasized procedure mirrored the syncretic nature of this judicial system. This syncretism was a typical outcome of legal borrowing, encompassing both indigenous and foreign legal traditions. In addition, the article points to the possible impact of the new legal culture on judicial strategies employed by litigants. The accentu

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Eki̇nci̇, Ekrem Buğra. "Fratricide in Ottoman Law." Belleten 82, no. 295 (2018): 1013–46. http://dx.doi.org/10.37879/belleten.2018.1013.

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This paper considers fratricide in the Ottoman Empire from the Islamic/ Ottoman Law viewpoint. The established Turkish political tradition, which is based on the fact that the ruling power is a common patrimony of the members of the dynasty, gave rise to disastrous results in the early period of the Ottoman Empire. Since a strict succession system was not imposed during that early period of the Ottoman State, it would be the destiny of a shāhzādah (prince) which would determine his fate in becoming the next sultan. This resulted in infighting amongst the shāhzādahs. Revolting against the sulta

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Sabev, Orlin. "How to Manage the Unmanageable: Inconsistent Ottoman Strategies to Prevent Prostitution." Turkish Historical Review 12, no. 1 (2021): 19–46. http://dx.doi.org/10.1163/18775462-bja10003.

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Abstract Based on narratives, including ‘urban legends’, and Ottoman archival sources, this article deals with prostitution in the Ottoman Empire in view of its legal and judicial treatment according to both Sharia and sultanic law. Ottoman policies towards prostitution included measures and punishments ranging from milder (imprisonment, expulsion, taxation, legalization of brothels) to harsher (death sentence and corporal punishment). Since the Ottoman Empire included territories of a great variety of peoples and local customs the measures applied changed over time and varied across places. T

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Ergene, Boğaç. "Why Did Ümmü Gülsüm Go to Court? Ottoman Legal Practice between History and Anthropology." Islamic Law and Society 17, no. 2 (2010): 215–44. http://dx.doi.org/10.1163/092893809x12519895111144.

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AbstractThis article offers a critical assessment of the existing literature on Ottoman courts of law, which characterizes the court's operations as single-mindedly legalistic and socially disinterested. There is a conceptual discrepancy between this literature and recent legal and anthropological studies of modern Islamic courts, which highlight the influence on the court's actions of communal considerations, such as the desire to make peace among disputants. With reference to a specific rape incident in eighteenth-century Anatolia, I propose in this article a characterization of Ottoman lega

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Safrastyan, R. "OTTOMAN EMPIRE: THE FIRST ATTEMPTS TO REFORM THE STATUS OF NON-MUSLIM SUBJECTS (1791-1837)." Scientific heritage, no. 127 (December 26, 2023): 17–18. https://doi.org/10.5281/zenodo.10432157.

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The pre-Tanzimat reform era is a significant but often neglected period in the history of the Ottoman Empire.In this article, we explore the endeavors of Ottoman leaders during this time to quell the national liberation movement of Christian subjects of the empire by making commitments to improve their legal standing.

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Salati, Marco. "A Legal Dispute Over the Leadership of the Zayniyyah Sufi Order in Aleppo as Recorded in a Document from the Ottoman Court Records (1098/1687)." Oriente Moderno 93, no. 1 (2013): 205–11. http://dx.doi.org/10.1163/22138617-12340009.

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Abstract This article examines the situation of a not well-known local sufi Order of Ottoman Aleppo, the Zayniyyah, around the end of the 17th century, through the use of a legal document preserved in the Ottoman Court Records of the city. By recording a dispute over the leadership of the order, the document constitutes precious evidence on the history of the Zayniyyah, the importance of organized Sufi brotherhoods in Ottoman Aleppo and the keen interest shown by the Ottoman power system in monitoring the activities and dealings of Sufi orders.

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Rubin, Avi. "Modernity as a Code: The Ottoman Empire and the Global Movement of Codification." Journal of the Economic and Social History of the Orient 59, no. 5 (2016): 828–56. http://dx.doi.org/10.1163/15685209-12341415.

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Codification was a founding feature of Ottoman legal reform from the 1840s until the demise of the empire. This article seeks to situate the Ottoman project of codification in the context of the global codification momentum, which set the ground for a transnational common imagination of the law during the “long nineteenth century”. When analyzed from the perspective of glocalization, Ottoman codes, much like codes elsewhere, stand out as essential signifiers of modernity in the socio-legal sphere.

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GENÇOĞLU, Mustafa. "Türkiye’de İlk Özel Hukuk Okulu Açma Teşebbüsü." International Journal of Social Sciences 6, no. 24 (2022): 60–71. http://dx.doi.org/10.52096/usbd.6.24.4.

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In the classical period of the Ottoman Empire, legal education was given in madrasahs. However, with the change in the Ottoman Legal system that emerged with the Tanzimat reforms and the establishment of Western courts, qualified personnel trained with modern legal education were needed. In order to eliminate this deficiency, law education at the academic level has been started since 1970s. In our research, after the historical process related to modern legal education was given briefly, the details of the attempt to open the first private law school in Turkey were examined. This attempt was d

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Lévy-Aksu, Noémi. "An Ottoman variation on the state of siege: The invention of theidare-i örfiyyeduring the first constitutional period." New Perspectives on Turkey 55 (November 2016): 5–28. http://dx.doi.org/10.1017/npt.2016.19.

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AbstractThis paper focuses on a little-known aspect of the first constitutional period in the Ottoman Empire: the introduction ofidare-i örfiyye(an equivalent of the state of siege) into the Ottoman legal system. With a name rooted in the Ottoman legal tradition and a definition clearly inspired by the nineteenth-century French “état de siège,” theidare-i örfiyyewas a case of legal hybridization that combined the Ottoman political and legal tradition with transnational (or transimperial) legal circulation. This paper seeks to understand how and why different legal references were combined in o

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Can, Lâle, and Aimee M. Genell. "On Empire and Exception." Comparative Studies of South Asia, Africa and the Middle East 40, no. 3 (2020): 468–73. http://dx.doi.org/10.1215/1089201x-8747423.

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Abstract Were Ottoman autonomous provinces nation-states in the making or signs of a semicolonial and irredeemably weak empire? Or, were they evidence of alternative arrangements of imperial sovereignty? By taking a long view of Ottoman history and examining “exceptional” provinces such as the Khedivate of Egypt, the Sharifate of Mecca, and the mutasarrifiya of Mt. Lebanon, this reflection seeks to recast new and reorganized configurations of administrative power in the nineteenth century as part of a broad repertoire of Ottoman autonomy. In lieu of characterizing these territories as flawed o

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Baldwin, James E. "Prostitution, Islamic Law and Ottoman Societies." Journal of the Economic and Social History of the Orient 55, no. 1 (2012): 117–52. http://dx.doi.org/10.1163/156852012x628518.

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AbstractThis article examines the treatment of prostitution in several genres of Ottoman legal writing—manuals and commentaries of Islamic jurisprudence,fatwās(legal opinions) andḳānūnnāmes(Sultanic legislation)—and looks at how prostitution was dealt with in practice by the empire’s sharīʿa courts and by its provincial executive authorities. The article uses prostitution as a case study to investigate the relationships between the different genres of legal writing and between normative law and legal practice. It also throws light on various manifestations of prostitution in the Ottoman provi

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Delilbaşı, Melek. "Abstract." Belleten 51, no. 199 (1987): 102–6. http://dx.doi.org/10.37879/belleten.1987.102.

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In the present study we dwell upon the circumstances under which Thessaloniki and Ioannina came under Ottoman sovereignty. These two towns were conquered by Murad II within an interval of seven months. This study is based upon Byzantine, Ottoman and Latin sources; we have also studied the information gleaned from Byzantine sources about Ottoman policies of conquest. As Thessaloniki became part of the Ottoman realm by conquest, while Ioannina did so by conforming to the Sultan to surrender, different policies were applied to the two cities. The conquests of Murad II have been studied not with t

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Nikopoulos, Anastasios. "Reevaluating the institutional autonomy of 14th century Mount Athos under the Ottomans: The “confiscation issue” concerning Athonian landholdings in post-Byzantine Macedonia." Zbornik radova Vizantoloskog instituta, no. 61 (2024): 253–65. https://doi.org/10.2298/zrvi2461253n.

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The dependances of the monasteries of Mount Athos, from the emergence of the Athonian monastic community, constituted a unique and particular institution which had certain legal characteristics; it was recognized by both the Byzantine and the post-Byzantine legal order and was always respected by every sovereign in the history of Mount Athos. These features were that they constituted the property of each monastery, according to its legal type as a foundation of Byzantine-Roman law; they could come from any legal cause and be subject to ratification or recognition, directly or indirectly, by an

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Dannies, Kate, and Stefan Hock. "A Prolonged Abrogation? The Capitulations, the 1917 Law of Family Rights, and the Ottoman Quest for Sovereignty during World War 1." International Journal of Middle East Studies 52, no. 2 (2020): 245–60. http://dx.doi.org/10.1017/s002074382000001x.

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AbstractThe 1917 promulgation of a new Ottoman family law is recognized as a landmark moment in the history of Islamic law by scholars of women and gender in the Middle East. Yet the significance of the 1917 law in the struggle over religious jurisdiction, political power, and Ottoman sovereignty has been overlooked in the scholarship on both Ottoman legal reform and World War 1. Drawing on Ottoman Turkish, German, French, and English sources linking internal interpretations of the law and external reactions to its passage, we reinterpret adoption of the family law as a key moment in the geopo

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Khater, Akram, and Jeffrey Culang. "EDITORIAL FOREWORD." International Journal of Middle East Studies 49, no. 2 (2017): 211–13. http://dx.doi.org/10.1017/s0020743817000010.

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How do history and literature create a sense of ethnic or imperial community? And how do social and legal normative and disruptive narratives contribute to drawing the boundaries of such communities? To provide some answers, this issue brings together three articles on “Historicizing Fiction” and two on “Early Safavids and Ottomans.” In the first section, David Selim Sayers's article, “Sociosexual Roles in Ottoman Pulp Fiction,” analyzes “premodern sociosexual roles” in the Ottoman Empire through the Tıfli stories, a form of lowbrow literature that narrates the everyday lives of their protagon

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Liebrenz, Boris. "The Social History of Surgery in Ottoman Syria." Turkish Historical Review 5, no. 1 (2014): 32–58. http://dx.doi.org/10.1163/18775462-00501006.

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Little is known about the role of surgery in pre-modern medical practice in general, and in the lands under Muslim dominance in particular. There is an acknowledged gap between theoretical knowledge and medical practice, but evidence of the latter is difficult to find. Many fundamental questions therefore remain unanswered. For example, was there a division of labour between surgeons and physicians? We are also mostly ignorant about who practiced surgery, the legal context surrounding this practice, and its financial aspects. This article offers an analytical edition of two documents from the

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Cheta, Omar Youssef. "A Prehistory of the Modern Legal Profession in Egypt, 1840s–1870s." International Journal of Middle East Studies 50, no. 4 (2018): 649–68. https://doi.org/10.1017/S0020743818000855.

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This article examines the emergence of a new corps of legal practitioners in Egypt during the 1860s and early 1870s. The proceedings of hundreds of merchant court cases in mid-19th-century Cairo are replete with references to deputies and agents (wukalā ; sing. wakı̄ l) who represented merchant-litigants in a wide range of commercial disputes. Examining how these historical actors understood Egyptian, Ottoman, and French laws, and how they strategically deployed their knowledge in the merchant courts, this article revises the commonly accepted historical account of the founding of the legal pr

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Dalillah Mohd Isa, Ammalina, Napisah Karimah Ismail, Firuz Akhtar Mohamad Bohari, et al. "THE ROLE OF ISLAM IN SOCIO-CULTURAL TRANSFORMATION OF THE BALKAN SOCIETY, 1354-1450." International Journal of Advanced Research 11, no. 09 (2023): 47–54. http://dx.doi.org/10.21474/ijar01/17501.

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The entrance of the Ottomans in the Balkans in the 14th century brought about significant changes in European history. The Balkans, which had been administered by the Byzantine Roman Empire with Christian church influence, were now conquered by the Ottoman Empire, which introduced new administrative structures and organisations with Islamic influences. This has influenced the socio-cultural makeup of the community, particularly at the conclusion of Sultan Murad IIs reign. The purpose of this study is to examine the role of Islam in the socio-cultural transformations of Balkan society from the

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Manasek, Jared. "The High Stakes of Small Numbers: Flight, Diplomacy, and Refugee Return on the Habsburg-Ottoman Border 1873–74." Austrian History Yearbook 51 (March 19, 2020): 60–72. http://dx.doi.org/10.1017/s0067237820000089.

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AbstractThis article examines the causes and repercussions of the flight of two-dozen Orthodox Christian merchants from Ottoman Bosnia to Habsburg Croatia in 1873. The seemingly minor event quickly escalated from an isolated border incident to a full-blown diplomatic crisis-defused only with the merchants' repatriation, the recall of a Habsburg consul, and the removal of the Ottoman provincial governor and other officials. After outlining the course of events and increasing Ottoman-Habsburg tensions, the article turns to the refugees' efforts to affect the outcome of emerging crisis. Although

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حسن, ضرار خليل. "The Ottoman schools and their impact on the development of the intellectual movement in the country." Al-Kitab Journal for Human Sciences 4, no. 6 (2023): 307–28. http://dx.doi.org/10.32441/kjhs.4.6.16.

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The Ottoman schools played a central role in the formation of the collective mind of the thought and curriculum of the Ottoman Empire, and the research discussed the history of these schools since their inception, ascent, and then decline, and the research was divided into an introduction, a research summary, three topics and a conclusion. The first topic came under the title of the Ottoman schools from inception until the era of Muhammad al-Fateh, and the second topic was titled the development of the Ottoman schools from the era of al-Fateh until the era of Sultan Suleiman the Magnificent. T

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Leber, Taisiya. "The Early History of Printing in the Ottoman Empire through the Prism of Mobility." DIYÂR 2, no. 1 (2021): 59–82. http://dx.doi.org/10.5771/2625-9842-2021-1-59.

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This paper aims to examine the early stage of printing in the Ottoman Empire, focusing on mobile actors, tools and ideas. Which role did mobility play in the life of printers? How did it influence their professional life and how was it reflected in prefaces or afterwords of their printed books? The first Jewish, Serbian, Armenian, Greek and Muslim printers in the Ottoman Empire were foreign-born (Spain, Italy, England, France). Many of them had to remain mobile within and beyond the empire in order to escape persecution, religious censorship, business competition etc. Where did the knowledge o

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Ghazaleh, Pascale. "Cash and Kin Go to Court: Legal Families and Chosen Families in Nineteenth-Century Egypt." Hawwa 6, no. 1 (2008): 12–31. http://dx.doi.org/10.1163/156920808x298903.

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AbstractCourt records have offered historians an unparalleled source of information about the Ottoman period, particularly in the Empire's Arab provinces, where abundant documentation tells us about society's material conditions. As far as family history is concerned, Ottoman courts have yielded much important information regarding women's rights and status, as revealed in marriage contracts recorded before the Ottoman qadi. In the field of economic and social history, estate inventories have offered a glimpse of how people lived, what they might have consumed, and how wealthy they were. To da

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Mikhail, Alan. "Animals as Property in Early Modern Ottoman Egypt." Journal of the Economic and Social History of the Orient 53, no. 4 (2010): 621–52. http://dx.doi.org/10.1163/156852010x529132.

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AbstractThrough an examination of the role of domesticated animals as forms of property in rural Ottoman Egypt, this article argues that historians of the early modern Muslim world must pay greater attention to the economic and social importance of animals. Based on the sharīa court records of multiple cities in both the Nile Delta and Upper Egypt, this study documents the role of animals as agricultural laborers, as means of transport, and as sources of food. It then analyzes several court cases in which the abilities of animals to move, die, and procreate serve to challenge notions of proper

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Burak, Guy. "DYNASTY, LAW, AND THE IMPERIAL PROVINCIAL MADRASA: THE CASE OF AL-MADRASA AL-ʿUTHMANIYYA IN OTTOMAN JERUSALEM". International Journal of Middle East Studies 45, № 1 (2013): 111–25. http://dx.doi.org/10.1017/s0020743812001286.

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AbstractThis study looks at the history of two madrasas in Jerusalem, al-Madrasa al-ʿUthmaniyya and al-Madrasa al-Fanariyya from the 15th to the 18th centuries, in order to examine an understudied Ottoman institution: the imperial provincial madrasa. The imperial madrasas were assigned to the state-appointed Hanafi muftis of different localities across the empire. This essay argues that these learning institutions helped to consolidate the connection between the Ottoman dynasty, its appointed jurisconsults, and its broader imperial learned hierarchy. Beyond revealing some of its important inst

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Kamaluddin, Safrudin Halimiy. "REMNANTS OF OTTOMAN LAW AND ITS APPLICATION IN CONTEMPORARY TIMES IN LEBANON AND THE ARAB WORLD." Jurnal AL-AHKAM 12, no. 2 (2022): 45–60. http://dx.doi.org/10.15548/alahkam.v12i2.3613.

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At the beginning of the sixteenth century (1516), the Ottomans controlled all the lands that are today within the Lebanese Republic, and their existence lasted for four hundred years, during which they established military, security, administrative and social systems and enacted laws to improve and organize the country. Although five centuries have passed since the Ottoman presence in Lebanon, some of these laws are still in force. Some have been amended, such as the personal status law related to Islamic Law, some administrative regulations, and the municipal ordinance that the French updated

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Zreik, Mohamad. "Christian Communities in Lebanon under Ottoman Rule." Journal of Religious Minorities under Muslim Rule 2, no. 2 (2024): 113–28. https://doi.org/10.1163/27732142-bja00012.

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Abstract This review essay explores the socio-political conditions of Christian communities in Lebanon during the Ottoman Empire’s governance. The study examines the administrative, legal, and social frameworks that shaped the lives of Lebanese Christians under Ottoman rule. It reviews the degree of religious tolerance, the impact of the millet system, and the role of local leaders in mediating relationships between the Christian communities and the Ottoman authorities. By offering a comprehensive historical overview, this work provides a nuanced perspective on the coexistence and conflicts be

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Miller, Ruth A. "Teaching & Learning Guide for: The Legal History of the Ottoman Empire." History Compass 6, no. 4 (2008): 1173–76. http://dx.doi.org/10.1111/j.1478-0542.2008.00542.x.

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Burdekin, Richard C. K., and Meric Keskinel. "Liquidity preference and interest-bearing money: the Ottoman Empire, 1840–1851." Financial History Review 20, no. 1 (2013): 91–102. http://dx.doi.org/10.1017/s0968565013000012.

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Legal restrictions theory suggests that interest-bearing money would dominate if there were no legal impediments precluding competition with non-interest-bearing currency. There are very few historical examples with meaningful issues of interest-bearing currency, however, and these tend to occur during extreme circumstances like civil war. The Ottoman Empire in the 1840s offers an unusual opportunity to observe large-scale issuance of interest-bearing notes under stable conditions over an extended period of time. This experience features government-issued interest-bearing money circulating in

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Baer, Marc David. "Being Muslim in Modern Yugoslavia." Current History 121, no. 833 (2022): 117–20. http://dx.doi.org/10.1525/curh.2022.121.833.117.

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A new book traces the history of the diverse Muslim population of the Balkans. Carving out legal space for itself as a religious minority in Europe, this community rode the winds of change from the age of the Ottoman and Habsburg empires through the Yugoslav era.

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Burak, Guy. "Evidentiary truth claims, imperial registers, and the Ottoman archive: contending legal views of archival and record-keeping practices in Ottoman Greater Syria (seventeenth–nineteenth centuries)." Bulletin of the School of Oriental and African Studies 79, no. 2 (2016): 233–54. http://dx.doi.org/10.1017/s0041977x16000082.

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AbstractThe article reconstructs a debate between Hanafi jurists who operated throughout Ottoman Greater Syria (and beyond) from the seventeenth to the early nineteenth centuries concerning the evidentiary status of the Ottoman imperial registers (defters). At the centre of the jurists’ debate is the permissibility of using imperial registers as independent, uncorroborated evidence. It was a debate about who had the right to regulate and determine what constituted an authentic evidential document: while some jurists argued that it was almost exclusively the privilege of the jurists, others wer

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Doxiadis, E. "Legal Trickery: Men, Women, and Justice in Late Ottoman Greece." Past & Present 210, no. 1 (2011): 129–53. http://dx.doi.org/10.1093/pastj/gtq061.

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Rubin, Avi. "FROM LEGAL REPRESENTATION TO ADVOCACY: ATTORNEYS AND CLIENTS IN THE OTTOMAN NIZAMIYE COURTS." International Journal of Middle East Studies 44, no. 1 (2012): 111–27. http://dx.doi.org/10.1017/s0020743811001279.

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AbstractProfessional attorneyship emerged in the Ottoman Empire in tandem with the consolidation of the Nizamiye (“regular”) court system during the late 19th century. This article analyzes the emergence of an Ottoman legal profession, emphasizing two developments. First, the Nizamiye courts advanced a formalist legal culture, exhibited, inter alia, by the expansion of legal procedure. Whereas the pre-19th century court of law was highly accessible to lay litigants, the proceduralization of court proceedings in the 19th century limited the legibility of the judicial experience to legal experts

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Ergene, Boğaç, and Atabey Kaygun. "Semantic Mapping of An Ottoman Fetva Compilation: EBUSSUUD Efendi’s Jurisprudence through a Computational Lens." Journal of Islamic Studies 32, no. 1 (2020): 62–115. http://dx.doi.org/10.1093/jis/etaa032.

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Abstract Fetva collections are important sources for Islamic legal history. However, few scholars have considered a particular collection of fetvas or the fetvas of an individual jurist as specific areas of legal and historical exploration. Instead, most researchers use fetvas selectively and instrumentally, that is in (at best) small groups, and in their explorations of various other topics. This article proposes computational methodologies that could characterize the contents of a 6,000-fetva corpus by an important Ottoman jurist, Şeyhülislam Ebussuud Efendi (d. 1574), to reveal its substant

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Veinstein, Gilles. "The Ottoman Jews: between distorted realities and legal fictions." Mediterranean Historical Review 25, no. 1 (2010): 53–65. http://dx.doi.org/10.1080/09518967.2010.494100.

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Radovanović, Jelena. "Place without an Owner: Urban Modernization and Waqf Property in post-Ottoman Niš." Journal of the Economic and Social History of the Orient 66, no. 5-6 (2023): 677–706. http://dx.doi.org/10.1163/15685209-12341604.

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Abstract This article takes the example of post-Ottoman Niš to argue that the transformation of post-Ottoman cities was not a local, nationalism-induced architectural phenomenon, as suggested by the studies of “de-Ottomanization,” but rather a global development which was made possible through the dismantling of the local Ottoman legal regime of urban property. Focusing on the waqf as a quintessential Ottoman form of urban property, this article examines how war and displacement of the Muslim population on the one hand, and new associations between the modern city and particular forms of prope

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