Law and Legality in the Ottoman Empire and Republic of Turkey PDF Download

Author: Kent F. Schull
Publisher: Indiana University Press
ISBN: 0253021006
Category : History
Languages : en
Pages : 216

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Book Description
The 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: Sabrina Joseph
Publisher: BRILL
ISBN: 9004228357
Category : Business & Economics
Languages : en
Pages : 211

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Book Description
Drawing 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: Keiko Kiyotaki
Publisher: BRILL
ISBN: 9004384340
Category : History
Languages : en
Pages : 335

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Book Description
In Ottoman Land Reform in the Province of Baghdad, Keiko Kiyotaki traces the Ottoman reforms of tax farming and land tenure and establishes that their effects were the key ingredients of agricultural progress. These modernizing reforms are shown to be effective because they were compatible with local customs and tribal traditions, which the Ottoman governors worked to preserve. Ottoman rule in Iraq has previously been considered oppressive and blamed with failure to develop the country. Since the British mandate government’s land and tax policies were little examined, the Ottoman legacy has been left unidentified. This book proves that Ottoman land reforms led to increases in agricultural production and tax revenue, while the hasty reforms enacted by the mandate government ignoring indigenous customs caused new agricultural and land problems.

Author: Lâle Can
Publisher: Indiana University Press
ISBN: 0253056632
Category : History
Languages : en
Pages : 279

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Book Description
The core of this edited volume originates from a special issue of the Journal of the Ottoman and Turkish Studies Association (JOTSA) that goes well beyond the special issue to incorporate the stimulating discussions and insights of two Middle East Studies Association conference roundtables and the important work of additional scholars in order to create a state-of-the-field volume on Ottoman sociolegal studies, particularly regarding Ottoman international law from the eighteenth century to the end of the empire. It makes several important contributions to Ottoman and Turkish studies, namely, by introducing these disciplines to the broader fields of trans-imperial studies, comparative international law, and legal history. Combining the best practices of diplomatic history and history from below to integrate the Ottoman Empire and its subjects into the broader debates of the nineteenth-century trans-imperial history this unique volume represents the exciting work and cutting-edge scholarship on these topics that will continue to shape the field in years to come.

Author: Sir Stanley Fisher
Publisher:
ISBN:
Category : Land tenure
Languages : en
Pages : 168

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Book Description

Author: Baber Johansen
Publisher: Routledge
ISBN: 131531259X
Category : Religion
Languages : en
Pages : 193

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Book Description
This book, first published in 1988, argues that a close inspection of the development of Hanafite law in the Mamluk and Ottoman periods reveals changes in legal doctrine which were not restricted to civil transactions but also concerned the public law. It focuses in particular on the interrelated areas of property, rent and taxation of arable lands, arguing that changes in the relationship between tax and rent led to a redefinition of the concept of landed property, a concept at the very heart of the Islamic legal system. This title will be of particular interest to students of Islamic history.

Author: Lauren Benton
Publisher: NYU Press
ISBN: 0814708188
Category : Law
Languages : en
Pages : 325

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Book Description
This wide-ranging volume advances our understanding of law and empire in the early modern world. Distinguished contributors expose new dimensions of legal pluralism in the British, French, Spanish, Portuguese, and Ottoman empires. In-depth analyses probe such topics as the shifting legal privileges of corporations, the intertwining of religious and legal thought, and the effects of clashing legal authorities on sovereignty and subjecthood. Case studies show how a variety of individuals engage with the law and shape the contours of imperial rule. The volume reaches from Peru to New Zealand to Europe to capture the varieties and continuities of legal pluralism and to probe the analytic power of the concept of legal pluralism in the comparative study of empires. For legal scholars, social scientists, and historians, Legal Pluralism and Empires, 1500-1850 maps new approaches to the study of empires and the global history of law.

Author: Martha Mundy
Publisher: Bloomsbury Publishing
ISBN: 0857713027
Category : Social Science
Languages : en
Pages : 321

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Book Description
Was 'modernity' in the Middle East merely imported piecemeal from the West? Did Ottoman society really consist of islands of sophistication in a sea of tribal conservatism, as has so often been claimed? In this groundbreaking new book, Martha Mundy and Richard Saumarez Smith draw on over a decade of primary source research to argue that, contrary to such stereotypes, a distinctively Ottoman process of modernisation was achieved by the end of the nineteenth century with great social consequences for all who lived through it. Modernisation touched women as intimately as men: the authors' careful work explores the impact of Ottoman legal reforms, such as granting women equal rights to land. Mundy and Saumarez Smith have painstakingly recreated a picture of such processes through both new archival material and the testimony of surviving witnesses to the period. This book will not only affect the way we look at Ottoman society, it will change our understanding of the relationship between East, West and modernity.

Author: Hilary Lim
Publisher: Zed Books Ltd.
ISBN: 1848137206
Category : Law
Languages : en
Pages : 247

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Book Description
In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.

Author: Faiz Ahmed
Publisher: Harvard University Press
ISBN: 0674971949
Category : History
Languages : en
Pages : 448

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Book Description
Debunking conventional narratives of Afghanistan as a perennial war zone and the rule of law as a secular-liberal monopoly, Faiz Ahmed presents a vibrant account of the first Muslim-majority country to gain independence, codify its own laws, and ratify a constitution after the fall of the Ottoman Empire. Afghanistan Rising illustrates how turn-of-the-twentieth-century Kabul--far from being a landlocked wilderness or remote frontier--became a magnet for itinerant scholars and statesmen shuttling between Ottoman and British imperial domains. Tracing the country's longstanding but often ignored scholarly and educational ties to Baghdad, Damascus, and Istanbul as well as greater Delhi and Lahore, Ahmed explains how the court of Kabul attracted thinkers eager to craft a modern state within the interpretive traditions of Islamic law and ethics, or shariʿa, and international norms of legality. From Turkish lawyers and Arab officers to Pashtun clerics and Indian bureaucrats, this rich narrative focuses on encounters between divergent streams of modern Muslim thought and politics, beginning with the Sublime Porte's first mission to Afghanistan in 1877 and concluding with the collapse of Ottoman rule after World War I. By unearthing a lost history behind Afghanistan's founding national charter, Ahmed shows how debates today on Islam, governance, and the rule of law have deep roots in a beleaguered land. Based on archival research in six countries and as many languages, Afghanistan Rising rediscovers a time when Kabul stood proudly as a center of constitutional politics, Muslim cosmopolitanism, and contested visions of reform in the greater Islamicate world.