scholarly journals ANALYSIS OF THE CAPITULATORY REGIME IN EGYPT IN THE SIXTEENTH CENTURY

2012 ◽  
Vol 19 (2) ◽  
Author(s):  
Jacopo Crivellaro

This essay analyses the legal regime of Capitulations in Egypt at the apogee of European abuse of the privilege in the Nineteenth Century. Capitulations were trade oriented prerogatives granted to the European merchants by the Sultan of the Ottoman Empire during the Fifteenth and Sixteenth Century. With the weakening of the Ottoman Empire, the privileges were gradually extended to the point that they awarded foreigners substantial immunity from local jurisdiction and legislation. Once Egypt acquired a greater self-governing status with the successful campaigns of Mohammed Ali, the Capitulatory texts were further enlarged by a substantial body of customary law. Custom operated to exempt Western citizens from compliance with local legislation and immunize them from local jurisdiction. The custom acquired an even more aggressive stance when foreign residents were permitted to sue local defendants and request the application of the foreign resident’s law. Essentially, Consular tribunals, by administering an inequitable consular justice often in favour of the foreign party eviscerated the local judicial system of any authority. The practice only subsided with the institution of Mixed Courts of Jurisdiction in 1876 and the Montreaux Convention of 1936.

Africa ◽  
1997 ◽  
Vol 67 (1) ◽  
pp. 61-85 ◽  
Author(s):  
Roger Gocking

This article compares and contrasts the development of the legal systems of two British colonies that occuped almost opposite ends of the colonial judicial continuum: what in colonial times were known as the Gold Coast and Basutoland. Both became British colonies in the late nineteenth century, but followed considerably different paths to that status. In the case of the Gold Coast it followed centuries of contact between Europeans and the coastal peoples in this area of West Africa. In the case of Basutoland incorporation into the European world was a nineteenth-century phenomenon and far more rapid. Nevertheless, at the turn of the century, as indirect rule became the officially accepted wisdom as to how colonial peoples should be ruled, administrators in both colonies sought to make the chiefly order an integral part of the colony's administration and award its chiefs judicial responsibilities. In the Gold Coast, however, chiefly courts remained in competition with a highly developed British-style Supreme Court. In Basutoland there were basically only chiefly courts until late in the colonial period, which applied Sesotho customary law that was written down as the Laws of Lerotholi in 1903. The two-tier judicial system of the Gold Coast allowed far more contestation and was far more flexible and responsive to social changes than was the case in Basutoland. Incremental changes over time meant that the judicial system evolved far more smoothly than in Basutoland. When in the latter colony changes did not come ‘from above’ in the 1940s, there was a serious outbreak of ‘medicine murders’ that many observers felt was directly related to the chiefs losing their judicial role. Also, the colony's high court ruled against the validity of the Laws of Lerotholi in the controversial ‘Regency case’. Apart from being a return to comparative analyses of the impact of colonial rule on former African colonies, much in vogue in the 1960s, this study is an attempt to modify the emphasis on ‘cleavage’ and the ‘coercive’ that has characterised historians' approach to the study of colonial law.


2013 ◽  
Vol 93 (2) ◽  
pp. 577-597 ◽  
Author(s):  
Faika Çelik

Abstract Historians of the Ottoman Empire have up until now written extensively not only on the polyethnic and multireligious nature of the Ottoman Empire, but also on the specific ethnic and religious groups that made up this plurality. Yet, although the Gypsies were a part of this pluralistic society, they have not received sufficient critical attention from Ottomanists whether in Turkey or abroad. While a few important studies have recently been published on the Ottoman Gypsies, this scholarship, though indeed very useful as a guide to the rich materials available on the subject, are weakened by two competing arguments. The first of these arguments is that the Gypsies of the Ottoman Balkans provide a salient example of a group marginalized through stigmatization, segregation and exclusion, whereas the second maintains that Gypsies were benignly tolerated by the Ottoman state. These analyses however fail to take into account that the legal, social and economic status of the Roma people in the Ottoman Empire seems to have been, at different times and in different places, much more complicated than simple marginalization or toleration. The question in fact needs to be problematized through a consideration of regional, local and temporal differences. My previous readings of the kanunnames and the mühimme registers of the second half of the sixteenth century substantiate this view and demonstrate that the marginality of the Gypsies in the Ottoman Balkans in the fifteenth and sixteenth centuries was neither absolute and unchanging nor inflexible and complete. The interaction of the Gypsies both with the state and with Ottoman society at large was both hostile and symbiotic. Thus, the purpose of this study is to delve further into this topic and analyze how the Ottoman Imperial state dealt with what I call “community in motion” at various levels in the late nineteenth century. Through close reading of a layiha (memorandum) written by Muallim Sa’di Efendi, a college professor in the city of Siroz (Serres) in communication with other archival sources located in Başbakanlık Osmanlı Arşivi in Istanbul, the paper attempts not only to understand the ways and techniques through which the late Ottoman state produced and governed the Empire’s subjects but also to show how Gypsies interacted with and were received by the local population in Serres, including Muslims and Orthodox Christians. My argument is that during the sixteenth century, the imperial state adopts residential and religious mobility of the Gypsies, albeit with certain restrictions. Yet, by the late nineteenth century, one of the most significant concerns of the late Ottoman state was to “reform” (ıslah) the Gypsies. Constants attempts were being made to deconstruct, normalize and eliminate differences of Gypsies, for instance, appointing imams to the Gypsy neighborhoods to “correct” their faith or opening new schools to “save” them from ignorance and poverty that lived in.


2018 ◽  
Vol 48 (4) ◽  
pp. 629-657
Author(s):  
Evdoxios Doxiadis

This paper discusses the legal debates of nineteenth-century Greece and the attempts to produce a legal framework following the establishment of the modern Greek state. These debates had both a practical significance since such a framework was essential for the creation of a modern state, and an ideological one since the chosen framework would be a statement about how the new state perceived itself, its history, and its place in Europe. These questions were particularly relevant in the case of civil law as Greek legal scholars contemplated whether to accept the use of customary law, or to reject it, and if so what laws should replace it. In this paper, I examine this debate within the context of European legal developments and the process of codification undertaken throughout Europe from the late eighteenth to the nineteenth centuries, as well as the ideological and practical implications of the debate. I argue that, despite the belief that the efforts of Greek legal scholars led to the elimination of the use of customary law from the Greek judicial system, my research in the archival material of the Appeals Court of Athens indicates that customary law was still dominant a generation after the establishment of the modern Greek state. I conclude that a re-examination of the role and practices of the Greek courts in the nineteenth century is much needed as their flexibility thirty years after the creation of the Greek state is closer to the legal pluralism of the courts of the Ottoman period than to the model advocated by the contemporary legal scholars who demanded a ‘modern’ judicial system to assist the renaissance of the Greek nation.


Author(s):  
Liam Chambers

From the mid-sixteenth century, Catholics from Protestant jurisdictions established colleges for the education and formation of students in more hospitable Catholic territories abroad. The Irish, English and Scots colleges founded in France, Flanders, the Iberian peninsula, Rome and the Holy Roman Empire are the best known, but the phenomenon extended to Dutch and Scandinavian foundations in southern Flanders, the German lands and Poland, as well as to colleges founded in Rome and other Italian cities for a wide range of national communities, among whom the Maronites are a striking example from within the Ottoman Empire. The first colleges were founded in the 1550s and 1560s, and tens of thousands of students passed through them until their suppression in the 1790s. Only a handful survived the disruption of the French Revolutionary wars to re-emerge in the nineteenth century and a few endure today. Historians have long argued that these abroad colleges...


Author(s):  
J. Hathaway

Abstract This article surveys the employment of eunuchs in the Ottoman Empire. After placing the use of court eunuchs in a global historical context, the study turns to the earliest eunuchs in Ottoman employ, who were probably Byzantine prisoners of war. By the early fifteenth century, East African harem eunuchs had become an important element of the palace eunuch population, and the article discusses their procurement and castration. The construction of Topkap Palace in newly-conquered Constantinople during the 1450s laid the ground for the dichotomy between African harem eunuchs and white Third Court eunuchs. An equally important watershed occurred in the late sixteenth century, when the Chief Harem Eunuch assumed the supervision of the imperial pious endowments for Mecca and Medina, making him one of the most powerful figures in the empire. By the late seventeenth century, deposed Chief Harem Eunuchs often commanded the eunuchs who guarded the Prophet Muhammads tomb in Medina. The influence of all palace eunuchs decreased during the eighteenth century, as the grand vizier acquired ever more control over the empires administration. Nineteenth-century reforms dealt a permanent blow to the harem eunuchs authority, which ended entirely when the Young Turks disbanded the harem in 1909.Аннотация Статья рассматривает вопрос о привлечении на службу евнухов в Османскои империи. После общего обзора роли придворных евнухов в глобальном историческом контексте, исследование обращается к первым евнухам на османскои службе, которые вероятно были византиискими военнопленными. К началу XV в. восточно-африканские евнухи гарема стали важнои фракциеи среди дворцовых евнухов в статье рассматривается методика их отбора и кастрации. Строительство дворца Топкапы в недавно завоеванном Константинополе в 50-х гг. XV в. положило начало дихотомии между африканскими евнухами Гарема и белыми евнухами Третьего Двора. Не менее важным рубежом становится и конец XVI в., когда старшии евнух Гарема принял на себя обязанности по управлению имперскими благотворительными пожертвованиями в Мекку и Медину, что сделало этого сановника одной из самых могущественных фигур империи. К концу XVII в. низложенные главные евнухи Гарема часто принимали командование над евнухами, охранявшими гробницу Пророка Мухаммеда в Медине. Влияние дворцовых евнухов оказывается ослабленным в XVIII столетии, по мере того как великии визирь получал все большую власть над управлением империи. Реформы XIX столетия нанесли решающии удар по власти евнухов Гарема, которая полностью сошла на нет при расформировании его младотурками в 1909 г.


2010 ◽  
Vol 42 ◽  
pp. 103-125 ◽  
Author(s):  
Serkan Delice

AbstractThis paper explores the historical transformation of masculinity and male intimacy in the Ottoman Empire, with a special emphasis on ethnic, class and gender subtexts of same-sex relationships. Focusing on two significant historical narratives—one written by the historian Mustafâ Âlî in the late sixteenth century, the other by the nineteenth-century historian Cevdet Paşa—I will discuss the ways in which both historians produced narratives of transition and decadence and deployed a problematic historicism that does identify same-sex intimacy. Coming to terms with the inadequacies of both essentialist/identity-based and constructivist approaches for understanding historically specific gender and sexual identifications, I will argue for a new set of concepts that will allow us to appreciate the continuing instrumental significance of same-sex intimacy in a wider discussion of friendship, masculinity and conduct. I will also interrogate the extent to which we might read historical narratives, in spite of their historicist, silencing effects, from a new perspective on subjectivity—a perspective that accounts for the potential of historical subjects to weave webs of identification and sociability, as well as to create relational modes that escape the regulatory, hetero-normalizing agenda of historicism.


2011 ◽  
Vol 16 (1) ◽  
pp. 125-135
Author(s):  
Rachel Simon

Sephardi printers were pioneers of moveable type in the Islamic world, establishing a Hebrew printing house in Istanbul in 1493. Initially emphasizing classical religious works in Hebrew, since the eighteenth century printers have been instrumental in the development of scholarship, literature, and journalism in the vernacular of most Jews of the western Ottoman Empire: Ladino. Although most Jewish males knew the Hebrew alphabet, they did not understand Hebrew texts. Communal cultural leaders and printers collaborated in order to bring basic Jewish works to the masses in the only language they really knew. While some books in Ladino were printed as early as the sixteenth century, their percentage increased since the second quarter of the eighteenth century, following the printing of Me-’am lo’ez, by Jacob Culi (1730), and the Bible in Ladino translation by Abraham Assa (1739). In the nineteenth century the balance of Ladino printing shifted toward novels, poetry, history, and biography, sciences, and communal and state laws and regulations. Ladino periodicals, which aimed to modernize, educate, and entertain, were of special social and cultural importance, and their printing houses also served as publishers of Ladino books. Thus, from its beginnings as an agent that aimed to “Judaize” the Jews, Ladino publishing in the later period sought to modernize and entertain, while still trying to spread Judaic knowledge.


2007 ◽  
Vol 22 (2) ◽  
pp. 279-303 ◽  
Author(s):  
AVI RUBIN

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 accentuation of procedure opened up new litigation opportunities for the wealthier classes while disadvantaging and alienating the lower strata of society. Yet Ottoman law also provided some legal solutions for the lower orders.


2021 ◽  
Vol 58 (4) ◽  
Author(s):  
Ishfaq Ahmad

In Islamic polity, the Qur’ān and Sunnah work as primary sources of guidance for the state and government. It is perhaps due to this reason that in the early period of the Islamic state no need was felt for any kind of legislation or codification to run the affairs of the state. Later on, the prevalent schools of legal thought gradually became the source of law in different areas of the empire. In the eastern parts, Ḥanafī School was recognized as a source of law, while in the western parts Mālikī School held this position. In the sixteenth century, King Saleem I officially declared Ḥanafī fiqh as the state law of the Ottoman Empire. However, in the nineteenth century, when most of the parts of the Muslim world came under the control of colonial powers, Muslim legal thought many problems. These problems, it was believed, could not be addressed properly while remaining within the boundaries of a particular school of thought. When the process of decolonization started and several Muslim states gained independence, they relied heavily on Maqāṣid al-sharī‘ah and talfīq while introducing legislation in their domains. This paper attempts to analyze the impact of these two factors in the processes of legislation in contemporary Muslim states.


2001 ◽  
Vol 24 ◽  
pp. 51-82 ◽  
Author(s):  
Yücel Terzibaşoğlu

Throughout the Ottoman Empire, land was always the major source of revenue and surplus and thus inevitably a major source of contention. Myriad property-rights disputes were recorded in the registers of the local kadı courts and archives of the various ministries in Istanbul. Conflicts over the agricultural surplus revealed in such documentation demonstrate, for instance, that peasants in the sixteenth century not only contested taxes imposed on them but also opposed the illegal transfer of land titles by the sipahis (İnalcık 1997, p. 72). By the middle of the sixteenth century, the practice of selling state-owned miri lands–which by legal definition could not be bought or sold–had become widespread, sometimes even confirmed by the rulings of the local kadı courts. The stamp of şeriyye implicit in the kadı's ruling meant in effect that the land subject to sale was taken out of the miri land regime and placed in the legal category of freehold mülk lands (İnalcık 1997, p. 112).


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