Read and Download eBook Full
Author: Sabrina Joseph
Publisher: BRILL
Published: 2012-05-08
Total Pages: 211
ISBN-13: 9004228357
DOWNLOAD EBOOKDrawing on Hanafi legal texts from Ottoman Syria between the 17th and early 19th centuries, this book examines how jurists balanced the rights and obligations of tenants and landlords on state and waqf lands, contributing in the process to the dynamism of the law and the adaptability and longevity of the Ottoman land system.
Author: Sabrina Joseph
Publisher: BRILL
Published: 2012-05-08
Total Pages: 210
ISBN-13: 9004228675
DOWNLOAD EBOOKDrawing on Hanafi fatawa and legal commentaries from Ottoman Syria between the 17th and early 19th centuries, this book examines the legal status of tenants and sharecroppers on arable lands, most of which were state or waqf properties. Challenging existing scholarship which argues that the status of cultivators gradually eroded after the 16th century, this study explores how jurists balanced the rights and obligations of tenants and landlords, thereby ensuring the adaptability of the Ottoman land system. The work addresses the differences between sharecropping and tenancy arrangements, the limitations that governed state and waqf officials, and the interplay between shariʿa and qanun in shaping land laws. The book also illustrates the doctrinal development of the law and sheds light on notions of 'ownership’, ideas of private vs. public good, and prevailing conceptions of social and economic justice.
Author: Sabrina E. Joseph
Publisher:
Published: 2012
Total Pages: 210
ISBN-13: 9786613591494
DOWNLOAD EBOOKDrawing on Hanafi fatawa and legal commentaries from Ottoman Syria between the 17th and early 19th centuries, this book examines the legal status of tenants and sharecroppers on arable lands, most of which were state or waqf properties. Challenging existing scholarship which argues that the status of cultivators gradually eroded after the 16th century, this study explores how jurists balanced the rights and obligations of tenants and landlords, thereby ensuring the adaptability of the Ottoman land system. The work addresses the differences between sharecropping and tenancy arrangements, the limitations that governed state and waqf officials, and the interplay between shariʿa and qanun in shaping land laws. The book also illustrates the doctrinal development of the law and sheds light on notions of 'ownership', ideas of private vs. public good, and prevailing conceptions of social and economic justice.
Author: Kent F. Schull
Publisher: Indiana University Press
Published: 2016-01-07
Total Pages: 216
ISBN-13: 0253021006
DOWNLOAD EBOOKThe 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.
Author: Guy Burak
Publisher: Cambridge University Press
Published: 2015-01-12
Total Pages: 293
ISBN-13: 1316195678
DOWNLOAD EBOOKThe Second Formation of Islamic Law is the first book to deal with the rise of an official school of law in the post-Mongol period. The author explores how the Ottoman dynasty shaped the structure and doctrine of a particular branch within the Hanafi school of law. In addition, the book examines the opposition of various jurists, mostly from the empire's Arab provinces, to this development. By looking at the emergence of the concept of an official school of law, the book seeks to call into question the grand narratives of Islamic legal history that tend to see the nineteenth century as the major rupture. Instead, an argument is formed that some of the supposedly nineteenth-century developments, such as the codification of Islamic law, are rooted in much earlier centuries. In so doing, the book offers a new periodization of Islamic legal history in the eastern Islamic lands.
Author: Malissa Taylor
Publisher: Bloomsbury Publishing
Published: 2023-09-21
Total Pages: 347
ISBN-13: 075564770X
DOWNLOAD EBOOKUsing 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.
Author: Samy A. Ayoub
Publisher:
Published: 2020
Total Pages: 217
ISBN-13: 0190092920
DOWNLOAD EBOOKIntroduction -- Ibn Nujaym : The Father of Late Ḥanafism? -- "The Sulṭan Says" : Ottoman Sultanic Authority in Late Ḥanafī Tradition -- Ottoman Rationale for Codification : The Mecelle -- Conclusion
Author: Stephan Conermann
Publisher: V&R Unipress
Published: 2022-07-11
Total Pages: 505
ISBN-13: 3847011529
DOWNLOAD EBOOKWhile the Ottoman conquest of the Mamluk realm in 1516-17 doubtlessly changed the balance of political power in Egypt and Greater Syria, the changes must be seen as a wide-ranging transition process. The present collection of essays provides several case studies on the changing situation during the fifteenth and sixteenth centuries and explains how the reconfiguration of political power affected both Egypt and Greater Syria. With reference to the first volume (2017), this second volume continues the debate on key issues of the transition period with contributions by scholars from both Mamluk and Ottoman studies. By combining these perspectives, the authors provide a more comprehensive and nuanced picture of the process of transformation from Mamluk to Ottoman rule.
Author: Stephan Conermann
Publisher: V&R Unipress
Published: 2020-05-11
Total Pages: 449
ISBN-13: 3847010379
DOWNLOAD EBOOKSlaves and Slave Agency in the Ottoman Empire offers a new contribution to slavery studies relating to the Ottoman Empire. Given the fact that the classical binary of 'slavery' and 'freedom' derives from the transatlantic experience, this volume presents an alternative approach by examining the strong asymmetric relationships of dependency documented in the Ottoman Empire. A closer look at the Ottoman social order discloses manifold and ambiguous conditions involving enslavement practices, rather than a single universal pattern. The authors examine various forms of enslavement and dependency with a particular focus on agency, i. e. the room for maneuver, which the enslaved could secure for themselves, or else the available options for action in situations of extreme individual or group dependencies.
Author: Toru Miura
Publisher: BRILL
Published: 2015-11-16
Total Pages: 369
ISBN-13: 9004304436
DOWNLOAD EBOOKThis book presents a new perspective on Islamic urban society: a dynamism of social networking and justice which caused both rapid development and sudden decay in the Ṣāliḥiyya quarter. Founded in the northern suburbs of Damascus by Hanbali ulama who migrated from Palestine to Syria in the mid-12th century, the quarter developed into a city through waqf endowments. It has attracted the attention of historians and travelers for its unique location, popular movements and religious features. Through the study of local chronicles, topographies and archival sources and through modern field research, Toru Miura explores the history of the Ṣāliḥiyya quarter from its foundation to the early 20th century, comparing it to European, Chinese and Japanese cities.
