State, Society, and Law in Islam: Ottoman Law in Comparative Perspective

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SUNY Press, 1994 - Law - 233 pages
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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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101 الحيل الربوية في الدولة العثمانية

Contents

1 THE STRUCTURE OF THE OTTOMAN LEGAL PROCESS IN THE SEVENTEENTH AND EIGHTEENTH CENTURIES
25
THE RISE OF THE KADI AND THE SHARFA COURT
58
3 THE FETVA IN THE LEGAL SYSTEM
79
4 THE GUILDS AND CUSTOMARY LAW
113
5 PATRIMONIALISM AND BUREAUCRACY IN THE OTTOMAN POLITICAL SYSTEM
127
6 SUMMARY AND CONCLUSION
174
NOTES
187
SELECTED BIBLIOGRAPHY
219
INDEX
227
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Page 8 - Roscoe Pound's definition of law as ôsocial control through the systematic application of the force of politically organized society.
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About the author (1994)

Haim Gerber is Professor Emeritus in the Department of Islamic Studies of the Hebrew University of Jerusalem. He is the author of The Social Origins of the Modern Middle East and Islam, Guerrilla War, and Revolution: A Study in Comparative Social History.

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