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.

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.

al-Qadi

2016 ◽  
pp. 300-326
Author(s):  
Mohammad Fadel
Keyword(s):  
Ottoman Empire ◽  
Islamic Law ◽  
Empirical Studies ◽  
Public Institution ◽  
Court Decisions ◽  
Historical Sources ◽  
Court Records ◽  
Modern Period ◽  
Literary Sources ◽  
Legal Texts

The paradigmatic public institution associated with the application of Islamic law from the rise of Islam until the end of the nineteenth century has been the qadi. This essay examines the scholarship on this institution, organizing studies into doctrinal works and empirical works. Doctrinal studies of the qadi are based almost entirely on literary sources, most commonly legal texts. Historical sources have also been important, especially for the pre-Ottoman period. Empirical studies of the qadi, by contrast, base themselves almost entirely on surviving court records. Thus, most empirical studies are limited to courts of the Ottoman Empire which kept systematic records of court decisions in contrast to the courts of previous Muslim states, which did not. In the modern period, there has been a distinct rise in an anthropological approach to the qadi, with numerous studies having been published based on direct observation of the behavior of Muslim judges.

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.

Maxims

2019 ◽  
pp. 654-669
Author(s):  
Donald R. Davis
Keyword(s):  
Islamic Law ◽  
Legal Interpretation ◽  
Legal Practice ◽  
Moral Foundation ◽  
Legal Principles ◽  
Legal Traditions ◽  
The World ◽  
The Law

This chapter examines the history and use of maxims in legal traditions from several areas of the world. A comparison of legal maxims in Roman, Hindu, Jewish, and Islamic law shows that maxims function both as a basic tools for legal interpretation and as distillations of substantive legal principles applicable to many cases. Maxims are characterized by their unquestionable character, even though it is often easy to demonstrate contradictions between them. As a result, legal maxims seem linked to the recurrent desire for law to have a moral foundation. Although maxims have lost their purchase in most contemporary jurisprudence and legal practice, categories such as “canons of construction,” “legal principles,” and “super precedents” all show similarities to the brief and limited collections of maxims in older legal traditions. The search for core ideas underlying the law thus continues under different names.

scholarly journals “People”, “Peoples” - How the May 3, 1791 Constitution framers defined what the People is and handled the duality of the Commonwealth of the Two Nations

2019 ◽  
Vol 2 (1) ◽  
pp. 96-107
Author(s):  
Arnaud Parent
Keyword(s):  
Political Tradition ◽  
The People ◽  
Legal Texts ◽  
The Republic ◽  
Grand Duchy Of Lithuania ◽  
Grand Duchy

AbstractIn the Commonwealth of the Two Nations, significant legal texts were implemented under the rule of King Stanislaw August, the most important being the Constitution of May 3, 1791, adopted during the Four-Year Sejm (1788-1792). Its framers faced numerous challenges, first, because then only nobles were considered as constituting the Republic, one was to define who should be considered as a member of the People, who could be elected deputy to the Sejm, and at which condition. Second, since the 1569 Union of Lublin the Commonwealth is made of two distinct states: Poland (the Crown) and the Grand-Duchy of Lithuania, drafters had to handle Lithuanian statehood in a Constitution, which was primarily seen as a way to enhance unification of the two nations. Third, the Grand-Duchy of Lithuania having its own legislation, enclosed in the Lithuanian statute, (adopted in 1529, followed with a Second Statute in 1566, and a Third Statute in 1588), the question of its maintaining or not too had to be taken into consideration by framers. We hope that considering how these different issues were handled will shed a new light on the permanence of Lithuanian laws and political tradition in the May 3 Constitution.

Art. XIX.—An old Hebrew Romance of Alexander

1897 ◽  
Vol 29 (3) ◽  
pp. 485-549
Author(s):  
M. Gaster
Keyword(s):  
Middle Ages ◽  
Early Period ◽  
Point Of View ◽  
The Other ◽  
The West ◽  
The Real ◽  
History Of ◽  
Bibliographical Information ◽  
Ancient Times ◽  
Great Mass

More marvellous and more remarkable than the real conquests of Alexander are the stories circulated about him, and the legends which have clustered round his name and his exploits. The history of Alexander has, from a very early period, been embellished with legends and tales. They spread from nation to nation during the whole of the ancient times, and all through the Middle Ages. Many scholars have followed up the course of this dissemination of the fabulous history of Alexander. It would, therefore, be idle repetition of work admirably done by men like Zacher, Wesselofsky, Budge, and others, should I attempt it here. All interested in the legend of Alexander are familiar with those works, where also the fullest bibliographical information is to be found. I am concerned here with what may have appeared to some of these students as the bye-paths of the legend, and which, to my mind, has not received that attention which is due to it, from more than one point of view. Hitherto the histories of Alexander were divided into two categories; the first were those writings which pretended to give a true historical description of his life and adventures, to the exclusion of fabulous matter; the other included all those fabulous histories in which the true elements were smothered under a great mass of legendary matter, the chief representative of this class being the work ascribed to a certain Callisthenes. The study of the legend centred in the study of the vicissitudes to which this work of (Pseudo-) Callisthenes had been exposed, in the course of its dissemination from the East, probably from its native country, Egypt, to the countries of the West.

Using the Past and Bridging the Gap: Premodern Islamic Legal Texts in New Media

2018 ◽  
Vol 36 (4) ◽  
pp. 993-1019 ◽  
Author(s):  
Mahmood Kooria
Keyword(s):  
New Media ◽  
Islamic Law ◽  
Legal Tradition ◽  
New Developments ◽  
Digital Platforms ◽  
Historical Texts ◽  
Legal Discourses ◽  
Institutional Structures ◽  
Legal Texts ◽  
Audio Video

This article analyses the internal dynamics of online Islamic legal discourses embedded in their offline and multimedia contexts that use of a rich repository of legal texts composed over a period of about a thousand years. Through their vigorous and spirited engagements with these historical texts, contemporary Islamic jurists simultaneously create new digital platforms in mass and social media to disseminate their ideas. In so doing, they perpetuate a long textual legal tradition through hypertext commentaries and super-commentaries. The premodern texts are thus reborn through new forms ofḥāshiyas such as audio commentaries, video commentaries, audio-video commentaries and hypertext commentaries. These new developments from the age of new media contribute to the textuallongue-duréeof Islamic law. Tracking the peregrinations of three Islamic legal texts in the mass media and cyber world, I argue that the dissemination of premodern Islamic legal texts via cyber space has resulted in the “democratization” of a knowledge-system that was previously dominated by trained fuqahā and affiliated institutional structures and has enlivened the traditional school affiliations.

scholarly journals Clínica quirúrgica de los cuerpos extraños en el abdomen: Oblito quirúrgico abdominal.

2013 ◽  
Vol 9 (2) ◽  
pp. 77
Author(s):  
Edgar NUÑEZ HUERTA
Keyword(s):  
Point Of View ◽  
Legal Principles ◽  
Clinical Forms ◽  
Therapeutic Value ◽  
Definition Of ◽  
Cuerpos Extraños

Philosophic medical and legal principles are stated introducing the name oblito, explaining its linguistic root.the definition of foreing body accidentally forgotten during an operation and with no therapeutic value, is proposed. The characteristics of the foreing body left in the abdomen during surgery from the nosographic and nosologic point of view, give this process an individuality, that allows to speak about its clinics. The symptomatology is clear and connected to the clinical forms analyzed.diagnosis is reached specially by radiology. In orden to complete the oblito's pathological similitude with other abdominal processes, it is necessary to point out that it has a regulated prophilaxis, in nearly every surgical center.

scholarly journals Collecting Fees for Safekeeping of Collateral: Rules and Applications in the Contemporary Islamic Financial Institutions

2020 ◽  
Vol 9 (1) ◽  
pp. 50-53
Keyword(s):  
Financial Institutions ◽  
Islamic Law ◽  
Market Price ◽  
Point Of View ◽  
Actual Cost ◽  
Islamic Banks ◽  
Maturity Date ◽  
Islamic Financial Institutions

The study aims to examine the Shari’ah legality of whether pledgor or pledgee should take care of collateral (marhun) during the period of the loan. Moreover, the study seeks to provide possible applications for the pledge (rahn) and clarify Shari’ah rules for each application. Malaysian Islamic banks apply pledge products by offering loans (qardh hasan) to the customers and requesting gold assets as collateral against a loan. The banks charge safekeeping fees to keep the gold until the maturity date of the loan. This practice combines loan and sale contracts in a single transaction. Accordingly, the study seeks to evaluate this practice from an Islamic point of view. Islamic law categorizes loans under charity contracts while the sale is categorized under contracts of exchange (mu’awadhat). The nature of the two contracts is different. Therefore, the study examines categories that combine loans and contracts of exchange in one transaction. The results reveal that it is not permissible for the pledgee to charge fees higher than market fees for the keeping of collateral. Charging fees that are higher than the market price is considered riba. According to Shari’ah rules, any kind of benefit derived from a loan is riba and thus it is prohibited. However, charging fees that are comparable to the market price and cover the actual cost for safekeeping of collateral is permissible. According to Islamic Fiqh Academy resolutions and AAOIFI standards, Islamic banks may charge fees for safekeeping of gold collateral considering that fees should be to the market fees and should only cover actual expenses.

scholarly journals Penutup Aurat bagi Perempuan Transgender dalam Hukum Islam

2021 ◽  
Vol 22 (2) ◽  
pp. 167
Author(s):  
Rahayu Irhami ◽  
M. Irfan Syaifuddin ◽  
Inggit Ayuning Pandini ◽  
Shuhita Endah Palupi
Keyword(s):  
Literature Review ◽  
Financial Institutions ◽  
Oil Palm ◽  
Islamic Law ◽  
Field Research ◽  
Factory Workers ◽  
Legal Principles ◽  
Nominal Form ◽  
Islamic Financial Institutions

AbstractThis study describes the review of Islamic law related to the sale and purchase of workdays conducted by factory workers Oil palm Fabrique in Simpang Nibung Rawas Village, South Sumatra Province. This paper is field research by interviewing 13 factory workers to get an overview of buying and selling working days. This study also uses a literature review from Islamic legal sources and MUI fatwas to explain the appropriateness of buying and selling working days with Islamic legal principles. In practice, buying and selling working days is not following the provisions of the MUI DSN Fatwa because the ujrah imposed on the seller is determined by one party, the buyer, and the amount of the ujrah is expressed in terms of percentage rather than in nominal form. Besides, there is a mechanism that causes the transaction to contain gharar elements such as the sale of working days that are not yet owned, and the presence of gharar elements creates a new element, namely usury. Sales of working days that are not yet owned by workers cause at the end of the agreement the seller is required to pay the principal receivables accompanied by profits determined by the buyer that can be equated with borrowing money with interest. This research suggests that factory workers borrow funds from Islamic financial institutions that are more in line with Islamic legal guidance This research suggests factory workers not to continue the practice of buying and selling weekdays because there are elements of gharar and usury in it and to consider Islamic financial institutions and zakat institutions as a solution for lending funds.AbstrakPenelitian ini menjelaskan mengenai kajian Hukum Islam terkait jual  beli hari kerja yang dilakukan oleh buruh pabrik CV. Sawit yang ada di DesaSimpang Nibung Rawas, Provinsi Sumatera Selatan. Penelitian menggunakan pendekatan penelitian lapangan (field research) dengan mewancarai 13 buruh pabrik untuk mendapatkan gambaran praktik jual beli hari kerja. Penelitian ini juga menggunakan literature review dari sumber-sumber hukum Islam dan fatwa MUI dalam menjelaskan kesesuaian praktik jual beli hari kerja dengan prinsip hukum Islam. Dalam praktiknya jual beli hari kerja tidak sesuai dengan ketentuan Fatwa DSN MUI karena ujrah yang dikenakan kepada penjual ditentukan oleh satu pihak yaitu pembeli dan besarnya keuntungan dinyatakan dengan bentuk prosentase dan bukan dalam bentuk nominal. Selain itu, terdapat alur mekanisme yang menyebabkan bahwa transaksi tersebut mengandung unsur gharar seperti penjualan hari kerja yang belum dimiliki, serta adanya unsur gharar tersebut menimbulkan unsur baru yaitu riba. Penjualan hari kerja yang belum dimiliki oleh buruh menyebabkan saat akhir perjanjian penjual diharuskan membayar pokok piutang disertai keuntungan yang di tentukan oleh pembeli yang dapat disamakan dengan peminjaman uang dengan bunga. Penelitian ini menyarankan para buruh pabrik untuk tidak melanjutkan praktik jual beli hari kerja karena terdapat unsur gharar dan riba yang diharamkan dalam Islam serta mempertimbangkan lembaga keuangan syariah dan lembaga zakat sebagai solusi peminjaman dana. 

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