Malissa Taylor

Land and Legal Texts in the Early Modern Ottoman Empire

Harmonization, Property Rights and Sovereignty

• Broschiertes Buch

Produktbeschreibung

Using 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.

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Produktdetails

• Verlag: Bloomsbury Academic
• Seitenzahl: 216
• Erscheinungstermin: 29. Mai 2025
• Englisch
• Abmessung: 234mm x 156mm x 25mm
• Gewicht: 454g
• ISBN-13: 9780755647729
• ISBN-10: 0755647726
• Artikelnr.: 70525905

Autorenporträt

Malissa Taylor is Assistant Professor of Middle Eastern Studies at University of Massachusetts Amherst, USA. Her published articles have appeared in Journal of the Economic and Social History of the Orient and The Journal of Ottoman Studies.

Inhaltsangabe

Introduction Sources Harmonization and Sovereignty Property: Bundles and
Layers 1. Lifelong tasarruf, Land Tenure Practices, and Law over the
longue durée Ottoman territories and varieties of tenure for the military
class Cultivator Tenure and its legal Systemization Military fiscal change
and land tenure Land tenure rights trickle up The Old and the New 2.
Conquering a New Terrain: Establishing the Sultan's Legislative Authority
Texts and Contexts "Preserved in the Bayt al-Mal": Acquiring Land for the
Treasury "Neither Tithe nor Kharaji": The Status of the Land for
Transaction and Tax Building a coherent law Conclusion 3. Canonical Voices:
Discretion and analogy in the formation of the harmony tradition of land
tenure Contexts of the Text Pir Mehmed and Sultanic Latitude The Formation
of a Tradition: Deferential and not so Deferential Interpretation
Conclusion 4. "The Books of Fiqh": The Kanunname of Candia and the
Consolidation of a New Doctrine in Hanafi Academic Texts Harmony at a
crossroads The Kanunname of Candia as critique: Reinstituting the Hanafism
of the "books" The Sultan as Legislator: texts, commentaries and fatwas The
Change in Doctrine: the sultan has a choice Conclusion 5. The Age of the
Mutasarrifs: Diffusion, Rights, and Discretion in the Eighteenth Century
Background Convergence Expansive Transactions: Permission and Analogism
Conclusion 6. From Harmony to Uniformity: Defensive Sovereignty and the
Ottoman Nineteenth-Century Reforms Miri Tasarruf: Stability in a sea of
change Creating a Normal Subject Codifying Islamic Law Defending
Islam: From "built on the kanun" to "built on the fiqh" Conclusion
Conclusion Bibliography