State, Society, and Law in Islam: Ottoman Law in Comparative Perspective
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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1 THE STRUCTURE OF THE OTTOMAN LEGAL PROCESS IN THE SEVENTEENTH AND EIGHTEENTH CENTURIES
THE RISE OF THE KADI AND THE SHARFA COURT
3 THE FETVA IN THE LEGAL SYSTEM
4 THE GUILDS AND CUSTOMARY LAW
5 PATRIMONIALISM AND BUREAUCRACY IN THE OTTOMAN POLITICAL SYSTEM
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Abdallah Efendi Aleppo Anatolia Ankara anthropology area under study argument bureaucratic cash waqf chapter claimed classical Islam complaints against kadis context core area criminal cultural customary law Dabbagzade Numan decline documents Ebu Suud eighteenth centuries elite endowment evidence example eyhulislam fact fetva collections fiefholders governor guild system Heyd Ibid ijtihad ikayet Defteri important institution interest intisab involved Islamic law issue Istanbul istiglal Joseph Schacht kadi court records kadi records kadi's kanun Kayseri large number Lawrence Rosen legal anthropology Lozi major Max Weber ment Moroccan Morocco mufti murder officials Ottoman bureaucracy Ottoman Empire Ottoman government Ottoman law Ottoman legal system Ottoman society patrimonial penal period political problem province punishment question relations religious role Rosen rules scholars seems seventeenth and eighteenth seventeenth-century Bursa shana sharfa sharfa court sipahis sixteenth century social structure sultan tax farming teenth-century timar tion topic ulema Uriel Heyd village waqf Weber witnesses
Page 8 - Roscoe Pound's definition of law as “social control through the systematic application of the force of politically organized society.