scholarly journals Disputes over the permissibility of tobacco smoking among the ulama of Ottoman Syria

2021 ◽  
Vol 13 (4) ◽  
pp. 363-373
Author(s):  
Nikita Romanovich Krayushkin
Keyword(s):  
Ottoman Empire ◽  
Significant Influence ◽  
Tobacco Smoking ◽  
New World ◽  
Islamic Law ◽  
17Th Century ◽  
Point Of View ◽  
History Of ◽  
Women And Children ◽  
Military Campaign

The article analyzes the history of tobacco smoking in Great Syria of the 17th - mid-18th centuries. The consumption of tobacco, brought to the Ottoman Empire by European merchants from the New World, began to spread rapidly among various groups of society, including women and children. The popularity of the new habit caused a wary attitude to it of the Ottoman theologians from the Turkish Kadizadeli movement. In the middle of the 17th century, they managed to achieve significant influence on the sultans court and banned tobacco smoking in the Ottoman Empire for a while. However, after the unsuccessful military campaign of the Turks initiated by the Kadizadeli near Vienna in 1683, the Hanafi Puritans of Islam were expelled from the capital. This time, they chose Greater Syria as one of the main strongholds of the movement. In Damascus, the question of the legality of tobacco smoking from the point of view of the norms of Islamic law was defended by Sufis under the leadership of the Syrian mystic ʻAbd al-Ghani al-Nablusi. As a result of the disputes, the Kadizadeli lost their influence in Syria, which partly contributed to the further rejection by the inhabitants of the region of another Puritanical movement in Islam, led by Muhammad ibn ʻAbd al-Wahhab.

Fratricide in Ottoman Law

Belleten ◽  
2018 ◽  
Vol 82 (295) ◽  
pp. 1013-1046
Author(s):  
Ekrem Buğra Eki̇nci̇
Keyword(s):  
Ottoman Empire ◽  
Islamic Law ◽  
Early Period ◽  
Point Of View ◽  
Potential Outcomes ◽  
Legal Principles ◽  
Legal Evidence ◽  
Political Tradition ◽  
Legal Texts

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 sultan or even planning to revolt are crimes according to Islamic/Ottoman law. The execution of those members of the dynasty who had not taken part in a revolt was legislated by the "Code of Sultan Mehmed the Conqueror," which was based on the sovereign right of the sultan accorded by Islamic Law (Orfi Hukuk). Relying on the principle of maslaha (common benefit) in Islamic law, some of the Ottoman scholars permitted fratricide as well. According to this principle, when facing two potential outcomes, the lesser of two evils is preferred. Some of the modern researchers consider this justification invalid. According to them, the execution of shāhzādahs who have not taken part in a revolt is politically correct, but contrary to Islamic law. The main contribution of this paper is to deal with the fratricide from the point of view of Islamic law by utilizing traditional legal texts and to addess to underlying Islamic legal principles behind fratricide application and what legal evidence the 'ulemā (Ottoman scholars) based their judgment on.

Eastern Male Image in Contemporary Oriental Media

2021 ◽  
pp. 251-267
Author(s):  
Günseli Gümüşel
Keyword(s):  
Ottoman Empire ◽  
17Th Century ◽  
Private Life ◽  
Point Of View ◽  
The Past ◽  
Contemporary Media ◽  
Male Image

When the Ottoman Empire in the 17th century was at the peak of its power, British and French merchants who came to Istanbul were writing so-called memories of harems to their homeland, and these letters composed the image of Eastern male in Orientalism and details of Muslim male image, which was one of the most important prototypes. The details which were written by non-Muslims who had no chance to even come near to Sultan's private life, recounted a period of literature to politics. Moreover, Muslim males who were called “not lustful Turk” in the past also have to face some kind of vexatious accusations today because of this created identity. In the same year, the producers proposed that The Lustful Turk movie had a big budget and an ambitious project; they were trying to affect potential audience. In this study, The Lustful Turk's novel segments and the movie are analyzed in detail to understand top-level racist accusations to Eastern male image, especially the Turkish one. Also, contemporary media approaches will be evaluated from Edward Said's point of view.

Holy Warriors, Rebels, and Thieves

2021 ◽  
Author(s):  
Joshua M. White
Keyword(s):  
Early Modern ◽  
Ottoman Empire ◽  
Islamic Law ◽  
Point Of View ◽  
Wide Range

The essay takes a non-Eurocentric point of view and aims to highlight the concurrent concepts of piracy and other forms of maritime violence in the early modern Mediterranean. The author shows that a wide range of concepts were used in the early modern Ottoman Empire to conceptualize what Europeans termed piracy or privateering. As in Europe, there was considerable ambiguity in the use and interpretation of these terms, and the practices that they described. In contrast to the emphasis that contemporary Europeans put on the distinction between piracy and privateering, in theory if not always in practice, Ottoman Islamic law did not differentiate between foreign Christian pirates and foreign Christian corsairs or privateers.

scholarly journals Commercial books under Turkish commercial laws concerning accounting

2010 ◽  
pp. 85
Author(s):  
Batuhan Güvemli ◽  
Fehmi Yildiz
Keyword(s):  
Ottoman Empire ◽  
Islamic Law ◽  
Legal Regulations ◽  
Commercial Law ◽  
Regulatory Changes ◽  
History Of ◽  
The Republic

La modernización de las leyes comerciales de Turquía tiene una historia de 160 años (1850-2010). Los movimientos de occidentalización (Imperial Edicto de 1839) dentro del Imperio Otomano trajeron consigo la creación de la primera ley comercial, Kanunname-i Ticaret (1850 a 1926). Desde 1926 otras tres leyes comerciales fueron promulgadas. En este estudio, examinamos los libros de comercio dentro de esas cuatro leyes comerciales en el ámbito de la contabilidad. Nuestro objetivo es entender los efectos de los cambios de reglamentación comercial sobre la evolución de la cultura turca de contabilidad. Los resultados indican que debido a la ley islámica (Sharia), la aplicación de la ley comercial de 1850 no se había extendido. Las disposiciones legales que entraron en vigor con el establecimiento de la República en 1923 han hecho posible la promulgación de nuevas leyes comerciales. Así, el estudio también se ocupa del proyecto de ley de Derecho Mercantil de Turquía de 2005.<br /><br />The modernization of the Turkish commercial laws has a history of 160 years (1850-2010). The westernization movements (Imperial Edict of 1839) within the Ottoman Empire effected the establishment of the first commercial law, Kanunname-i Ticaret (1850-1926). Since 1926, three other commercial laws were enacted. In this study, we examine the commercial books within those four commercial laws under the scope of accounting. Our aim is to understand the effects of the commercial regulatory changes on the evolution of the Turkish accounting culture. Findings indicate that due to the Islamic law (Sharia), the application the commercial law of 1850 was not widespread. The legal regulations which were put into force with the establishment of the Republic in 1923 have made the enactment of new commercial laws possible. Thus, the study also addresses to the bill of Turkish Commercial Law dated 2005.<br />

scholarly journals Color designations and similar concepts in reports of the Russian representative in Polish-Lithuanian commonwealth V. M. Tyapkin

2021 ◽  
Vol 61 ◽  
pp. 92-103
Author(s):  
Arseniy V. Bogatyrev
Keyword(s):  
17Th Century ◽  
Russian Language ◽  
Point Of View ◽  
Unique Case ◽  
New Information ◽  
History Of ◽  
The Russian Language

From the point of view of history of color names in Russian language the records of the first representative of Russia in the Polish-Lithuanian state (V. M. Tyapkin) not published in full are of significant value. The most abundant in respect to the color were the records relating to the events of 1676, which is explained by the mass activities that occurred at this time — such as a magnificent funeral of the Polish kings and the coronation of the new monarch. Analysis of the source showed that belyy, zolotoy, krasny, and chernyy are represented with greater frequency. Most often, color designations were used to convey the appearance of fabrics, banners made of them, clothing; less often — interiors and decorations, the color of animals and the appearance of persons. The study determines that the terms krasny and zolotoy were specified by similar concepts, which are different variations on the theme of these colors: zlatoy, zolotnyy; as well as rumyanets, skarlatnyy, chervonnyy and chervchatyy. However, as it turned out, the language “palette” of the document is somewhat poorer than the expressive means of the Russian language of the 17th century. Nevertheless, the residency materials help to clarify the existence of certain lexemes and reveal their etymology. The author introduces new information about the use in speech of educated representatives of the Moscow Russia vocabulary units barvyanyy, farba, and specifies the history of using the term tsvetnoy. A unique case has been identified: the writing of zlatopisanyy — zolotopisannyy is inherent in the monument under study, and we do not know any other examples of its use during this period. Another variant of the well-known word, zolototsvetnyy, found in the source under study, was discovered in the works of M. V. Lomonosov.

A Prolonged Abrogation? The Capitulations, the 1917 Law of Family Rights, and the Ottoman Quest for Sovereignty during World War 1

2020 ◽  
Vol 52 (2) ◽  
pp. 245-260
Author(s):  
Kate Dannies ◽  
Stefan Hock
Keyword(s):  
Ottoman Empire ◽  
Islamic Law ◽  
Family Law ◽  
World War ◽  
Women And Gender ◽  
The Family ◽  
French And English ◽  
History Of ◽  
The Law ◽  
And Gender

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 geopolitics of World War 1. We demonstrate that passage of the law was a critical turning point in the wartime process of abrogating the capitulations and eliminating the last vestiges of legal extraterritoriality in the Ottoman Empire. The law is situated in its wartime political context and the geopolitical milieu of larger Europe to demonstrate that, although short-lived, the 1917 family law was a centerpiece of the wartime struggle to define extraterritorial rights of the Ottoman Empire, the Great Powers, and their protégés within the empire.

Goodbye to the Despot: Feldman on Islamic Law in the Ottoman Empire

2010 ◽  
Vol 35 (01) ◽  
pp. 219-242
Author(s):  
Molly Greene
Keyword(s):  
Middle East ◽  
Ottoman Empire ◽  
Islamic Law ◽  
Islamic State ◽  
Constitutional History ◽  
Islamic History ◽  
The Past ◽  
History Of

Noah Feldman's 2008 book, The Fall and Rise of the Islamic State, provides a sweeping review of the constitutional history of the Islamic polity that connects the past to developments in the Middle East today. The Ottoman Empire is vital to his argument. This essay critically evaluates Feldman's treatment of the Ottoman period, within the larger context of Islamic history, and in so doing considers the understudied constitutional history of the empire. Without denying the importance of the ulema and the shari'a, it argues that the empire was a hybrid of many different traditions and the centrality of Islamic law should not be overstated.

The Early Palaeolithic of Japan

Antiquity ◽  
1985 ◽  
Vol 59 (226) ◽  
pp. 93-96 ◽  
Author(s):  
T. E. G. Reynolds
Keyword(s):  
New World ◽  
Homo Sapiens ◽  
Source Area ◽  
Homo Erectus ◽  
Point Of View ◽  
Hominid Evolution ◽  
Know How ◽  
History Of ◽  
The Subject ◽  
Kanto Region

The Early Palaeolithic of Japan may be defined as comprised of any assemblage which occurs before 30,000 years BP, i.e., prior to the formation of Tachikawa loam formation of the Kanto region (Serizawa, 1970, Ikawa Smith, 1978, 247-86). It has been the subject of controversy since the Palaeolithic period was recognized in Japan following discoveries at Iwajuku in 1949 (Sugihara, 1956). Early in the history of subsequent research, debate arose as to the date of man's arrival in the archipelago. This debate is of importance to a wider audience for a number of reasons. First, Japan is located in a region which has traditionally been associated as a source area for the peopling of the New World—early dates claimed for occupation in America should then, perhaps, be relatable to similar finds and dates in Japan. Secondly, there is now increasing evidence for relative early dates of occupation in Siberia. (Boriskovskij, 1978, 27; Yi and Clark, 1983; Okladnikov and Pospelova, 1982). These may find supportive evidence from neighbouring lands. Thirdly, it is interesting from the point of view of hominid evolution to know how far populations of Homo erectus and archaic Homo sapiens had spread in East Asia and what form their adaptations took. Additionally, Japan is a relatively well-explored and published source of data in a poorly known region of the World and may be useful as a source for deriving analogies and ideas in interpreting lithic material, particularly in countries such as Korea where palaeolithic research is still in its infancy (Hwang, 1979; Kim, 1983).

scholarly journals Hukum Islam Nusantara

2020 ◽  
Vol 38 (02) ◽  
Author(s):  
Hasan Basori
Keyword(s):  
Islamic Law ◽  
17Th Century ◽  
Point Of View ◽  
Political Ethics ◽  
Marriage Law ◽  
Historical Approach ◽  
Social Law ◽  
Economic Law ◽  
Islamic Politics ◽  
Laws And Regulations

Abstrak Tulisan ini membahas tentang diaspora Undang-Undang Malaka di Kesultanan Aceh abad ke-17 sebagai salah satu landasan berpikir hukum Islam Nusantara. Islam Nusantara yang sejak kelahirannya mengundang kontroversi, terutama dalam pola istinbath al-hukmi yang mengedapankan al-masha>lih sebagai basis kerangka pikirnya, akan didalami jejak historisnya dari abad ke-17, di mana hukum Islam selalu akomodatif terhadap hukum adat dan hukum sosial yang telah berlaku pada suatu masyarakat. Penelitian ini menggunakan pendekatan historis dengan menjadikan Undang-Undang Malaka abad ke-17 sebagai objek utamanya. Studi ini menemukan historitas hukum Islam yang datang ke Nusantara, dan menyisipkan dirinya dalam beberapa aspek hukum dan Undang-Undang setempat, dapat dipandang sebagai satu keberhasilan diaspora hukum Islam itu sendiri. Beberapa indikator keberhasilan diaspora hukum Islam dalam masyarakat Aceh abad ke-17 terletak pada hukum dagang dan ekonomi secara umum, dalam hukum pernikahan dan etika politik yang bernuansa islami. Treatment politik Islam, geliat ekonomi Islam, bahkan pola tata nilai yang dibawa Islam ke daerah Aceh pada masanya menjadi salah satu penyokong keberhasilan diaspora hukum Islam itu sendiri.   Abstract This paper discusses the Malacca diasporic law in the 17th century of the Aceh Sultanate as one of the foundations for thinking about Islamic law in the archipelago. Nusantara Islam, which since its birth has invited some controversies, especially in the pattern of istinbath al-hukmi which puts al-mashalih as the basis of its framework, needs to be explored about its historical traces from the 17th century where Islamic law has always accomodative to customary and social law prevailed in the society. This research will employ a historical approach by making the 17th century Malacca Law as its main object. This paper found a historicity of Islamic law that came to the archipelago, and inserts itself in several lines of local laws and regulations, therefore it can be seen as a success of the Islamic legal diaspora itself. Some indicators of the success of the Islamic law diaspora in 17th century Acehnese society lie in commercial and economic law in general, in marriage law and political ethics that have Islamic nuances. This research views that the treatment of Islamic politics, the stretching of the Islamic economy, and even the pattern of values ​​that Islam brought to the Aceh region during its time became one of the supporters of the success of the Islamic Law diaspora itself. From that point of view, this study aims to find a structured formula for how Islamic law was able to influence the Aceh sultanate at that time. The formulations of the model and strategy of the Islamic law diaspora in the Aceh Sultanate at that time are the main findings to be achieved in this study.

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