Cecily Zamora
The Ottoman Empire was governed by different sets of laws during its existence. The Islamic legal system was set up differently from traditional European courts, with a Kadı or judge presiding over Islamic courts. The Empire's legal system was influenced by Islamic law, with the Sultan issuing decrees in public law to supplement the Sharia. The first kanunnames were issued under Sultan Mehmed II in the 15th century, and the kanun was used to supplement Sharia law in areas such as criminal and land law. In the late 19th century, the Ottoman legal system underwent substantial reform, with the Edict of Gülhane of 1839 marking the beginning of a new period of modernity in the Empire, paving the way for new Western ideas of politics and social ideology.
| Characteristics | Values |
|---|---|
| Basis of Islamic law in the Ottoman Empire | Islamic law or Sharīʿah was the basis of the Ottoman Empire's legal system, with Islamic courts presided over by a Kadı or judge. |
| Co-existence with other laws | Islamic law co-existed with other laws such as sultanic law or Qanun, which supplemented the Sharīʿah. |
| Role of the Sultan | The Sultan had full legislative power as long as the laws did not contradict Islamic principles. |
| Use of Kanuns | Kanuns were issued by Sultans via royal decrees called Fermans. Collections of Kanuns were called Kanun-names and were given to provinces to preserve local traditions and legal principles. |
| Period of influence | The Ottoman Empire adhered to Islamic law from its founding, with notable periods of influence including the 16th century and the late 19th century. |
| Impact on sovereignty | The Sublime Porte (Ottoman central government) used Islamic law to redefine sovereignty and threaten rebellious communities, demonstrating their commitment to Islamic legal tradition. |
| Interaction with international law | The Ottoman Empire interpreted Islamic law to justify its actions in international relations, such as in the case of annexations and treaties. |
| Reform and modernisation | The Ottoman Empire underwent legal reforms in the 19th century, influenced by Western ideas, including the concept of fair and public trials. |
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What You'll Learn
Islamic law and Ottoman nationalism
The Ottoman Empire was governed by different sets of laws during its existence. The Qanun, or sultanic law, coexisted with religious law, mainly the Hanafi school of Islamic jurisprudence. Legal administration in the Ottoman Empire was part of a larger scheme of balancing central and local authority. Ottoman power revolved around the administration of rights to land, allowing local authorities to develop the needs of the local millet. The jurisdictional complexity of the Ottoman Empire aimed to integrate culturally and religiously different groups.
The Ottoman system had three court systems: one for Muslims, one for non-Muslims involving appointed Jews and Christians ruling over their respective religious communities, and the "trade court". The codified administrative law was known as Kanun, and the ulema were permitted to invalidate secular provisions that contradicted religious laws. The Islamic courts were the Empire's primary courts and could also be used to settle trade conflicts or disputes between litigants of differing religions. Jews and Christians often went to them to obtain more forceful rulings on an issue. The Ottoman state tended not to interfere with non-Muslim religious law systems, despite legally having the power to do so through local governors.
The Islamic legal system in the Ottoman Empire was set up differently from traditional European courts. Presiding over Islamic courts was a Kadı, or judge. However, the Ottoman court system lacked an appellate structure, allowing plaintiffs to take their disputes from one court system to another until they achieved a favourable ruling. Throughout the 19th century, the Ottoman Empire adhered to three different codes of criminal law. The first was introduced in 1840, directly following the Edict of Gülhane, which started the period of Tanzimat reforms. In 1851, a second code was introduced, which included rulings from the previous eleven years. In 1859, a final code of law was promulgated, inspired by the 1810 Napoleonic criminal code.
Ottoman nationalism, or Ottomanism, was influenced by European versions of a shared national identity. The Ottomans thought that creating a system where the state controlled all levels of government and social life could stave off encroaching European influence over the Empire. These reforms were based heavily on French models, as indicated by the adoption of a three-tiered court system referred to as the Nizamiye. This system was extended to the local magistrate level with the final promulgation of the Mecelle, a code of Islamic law covering all areas of civil law and procedure except family law.
In the late 18th and early 19th centuries, domestic rebels increasingly challenged the Ottoman state. During this period, the Sublime Porte (the Ottoman central government) developed and deployed existing rules of Islamic law as a weapon against non-Muslim unrest. The Ottomans redefined sovereignty and demonstrated the possibilities and limitations implied by their commitment to the Islamic legal tradition. The state used the resources of the Islamic legal tradition to define the empire's sovereignty, threaten rebellious communities with death or enslavement, and motivate Ottoman troops.
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Sharia law and sultanic law
The Ottoman Empire was governed by different sets of laws during its existence. The Qanun, or sultanic law, coexisted with religious law, mainly the Hanafi school of Islamic jurisprudence. Sharia, or Islamic law, has always been used alongside customary law since the early Islamic states of the eighth and ninth centuries. It has been elaborated and developed over the centuries by legal opinions issued by qualified jurists, reflecting the tendencies of different schools, and integrated with various economic, penal, and administrative laws issued by Muslim rulers.
The Ottoman Islamic legal system was set up differently from traditional European courts. Presiding over Islamic courts would be a Kadı, or judge. The Ottoman court system lacked an appellate structure, leading to jurisdictional case strategies where plaintiffs could take their disputes from one court system to another until they achieved a ruling in their favor. The jurisdictional complexity of the Ottoman Empire was aimed at permitting the integration of culturally and religiously different groups. The Ottoman system had three court systems: one for Muslims, one for non-Muslims, involving appointed Jews and Christians ruling over their respective religious communities, and the "trade court".
Sharia law, or fiqh as it is traditionally known, distinguishes two principal branches of law: rituals and social dealings. It also covers a wide range of topics, including family law, relationships (commercial, political, and administrative), and criminal law. Beyond legal norms, Sharia also enters many areas that are considered private practices today, such as belief, worship, ethics, clothing, and lifestyle. It gives those in command the duty to intervene and regulate these practices.
Sultanic law, or Qanun, is based on "örf" (traditional customs) and is also referred to as "Örfi Hukuk" (Customary/Common Law). The Sultan would issue sultanic law via royal decrees known as "Ferman". When a collection of sultanic laws is large enough to be compiled and published, it is called a "kanun-name" (literally, "book of law"). Individual "kanun-names" would be given to provinces following their conquest, preserving the local traditions and legal principles under the previous rule. The adaptation of public law following a conquest is typical in Islamic empires.
The Tanzimat reforms of the 19th century saw a reorganization of both Islamic civil law and sultanic criminal law after the model of the Napoleonic Code. In the 1870s, a codification of civil law and procedure (excepting marriage and divorce), called the Mecelle, was produced for use in both Sharia and secular courts. It was based on Hanafi law, and its authors selected minority opinions over authoritative ones when they were felt to better "suit the present conditions". The Mecelle was promulgated as a qanun (sultanic code), which represented an unprecedented assertion of the state's authority over Islamic civil law, traditionally the preserve of the ulema.
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Islamic law and international law
The Ottoman Empire was governed by different sets of laws during its existence. The Islamic legal system of the Ottoman Empire was set up differently from traditional European courts. The Qanun, or sultanic law, coexisted with religious law, mainly the Hanafi school of Islamic jurisprudence. Legal administration in the Ottoman Empire was part of a larger scheme of balancing central and local authority. Ottoman power revolved around the administration of rights to land, which allowed local authorities to develop the needs of the local millet. The jurisdictional complexity of the empire aimed to integrate culturally and religiously different groups.
The Ottoman system had three court systems: one for Muslims, one for non-Muslims involving appointed Jews and Christians ruling over their respective religious communities, and a "trade court". The codified administrative law was known as Kanun, and the ulema were permitted to invalidate secular provisions that contradicted religious laws. The Kanun is based on "örf" (traditional customs) and is also referred to as “Örfi Hukuk” (Customary/Common Law). The Sultan would issue kanuns via royal decrees known as “Ferman”. When a collection of kanuns large enough is compiled and published, it is called a kanun-name (literally: “book of law”). Individual kanun-names would be given to provinces following their conquest, preserving the local traditions and legal principles under the previous rule.
The day-to-day work of legal interpretation was done by muftis, whose popular recognition and education entitled them to issue answers to particular questions about law and ethics. Such answers, or fatwas, were formally non-binding but could be very persuasive to individuals, the state, or even judges. In the Ottoman Empire, one mufti was particularly important. Early Ottoman sultans created the office of şeyhülislâm, or chief mufti.
In the late 19th century, the Ottoman legal system saw substantial reform. This process of legal modernisation began with the Edict of Gülhane of 1839, which brought about a new period of modernity in the Ottoman Empire that would pave the way for new Western ideas of politics and social ideology. These reforms included the "fair and public trial [s] of all accused regardless of religion", the creation of a system of "separate competences, religious and civil", and the adoption of a three-tiered court system referred to as the Nizamiye. This system was extended to the local magistrate level with the final promulgation of the Mecelle, a code of Islamic law covering all areas of civil law and procedure except family law.
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Islamic law and Ottoman war decisions
The Ottoman Empire was governed by different sets of laws during its existence. The Qanun, or sultanic law, coexisted with religious law, mainly the Hanafi school of Islamic jurisprudence. The Islamic legal system was set up differently from traditional European courts. Presiding over Islamic courts would be a Kadı, or judge. The Ottoman system had three court systems: one for Muslims, one for non-Muslims, involving appointed Jews and Christians ruling over their respective religious communities, and the "trade court". The codified administrative law was known as Kanun, and the ulema were permitted to invalidate secular provisions that contradicted religious laws.
The day-to-day work of legal interpretation was done by muftis, jurists whose popular recognition and education entitled them to issue answers to particular questions about law and ethics. Such answers, or fatwas, were formally non-binding but could be very persuasive to individuals, the state, or even judges. In the Ottoman Empire, one mufti was particularly important: early Ottoman sultans created the office of şeyhülislâm, or chief mufti.
The Sublime Porte (the Ottoman central government) developed and deployed existing rules of Islamic law as a weapon against non-Muslim unrest between roughly 1769 and 1822. The Ottomans redefined sovereignty and demonstrated both the possibilities and the limitations implied by their commitment to the Islamic legal tradition. The state used the resources of the Islamic legal tradition to define the empire's sovereignty, to threaten rebellious communities with death or enslavement, and to motivate Ottoman troops. Those who resisted the sultan, the empire insisted, were subject to his retribution under Islamic law, even though they could never escape his sovereignty under international law.
In the late 19th century, the Ottoman legal system saw substantial reform. This process of legal modernisation began with the Edict of Gülhane of 1839. These series of law reforms began a new period of modernity in the Ottoman Empire that would pave the way for new Western ideas of politics and social ideology. These reforms included the "fair and public trial [s] of all accused regardless of religion", the creation of a system of "separate competences, religious and civil", and the abolition of slavery.
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Islamic law and Ottoman court systems
The legal system of the Ottoman Empire was founded on the principles of Islamic law, with absolute power belonging to the Sultan. The Qanun, or sultanic law, coexisted with religious law, mainly the Hanafi school of Islamic jurisprudence. The Hanafi school of Islamic jurisprudence was derived from the four basic sources of the Quran, Sunnah (precepts of Mohammed), ijma (teachings of Muslim scholars), and qiyas (analogical reasoning). Sharia law prevailed in the fields of Law of Persons, Real Rights, Family, Inheritance, Obligations, and Commercial Law.
The Ottoman Sultans deemed it necessary to establish decrees in public law, particularly in ceremony and feudal law, which are absent in Sharia Law. The Sultan had full legislative power as long as the decrees did not contradict Islamic principles. The kanun is based on "örf" (traditional customs) and is also referred to as "Örfi Hukuk" (Customary/Common Law). The Sultan would issue kanuns via royal decrees known as "Ferman". The adaptation of public law following a conquest is typical in Islamic Empires as Sharia gives no guidance in political administration.
The Ottoman Islamic legal system was set up differently from traditional European courts. Presiding over Islamic courts would be a Kadı, or judge. The Ottoman court system lacked an appellate structure, allowing plaintiffs to take their disputes from one court system to another until they achieved a ruling in their favor. The Islamic courts were the Empire's primary courts and could also be used to settle trade conflicts or disputes between litigants of differing religions.
The Ottoman Empire had three court systems: one for Muslims, one for non-Muslims involving appointed Jews and Christians ruling over their respective religious communities, and a "trade court". The codified administrative law was known as Kanun, and the ulema were permitted to invalidate secular provisions that contradicted religious laws. The Ottoman judicial system also institutionalized a number of biases against non-Muslims, such as barring them from testifying as witnesses against Muslims.
In the late 19th century, the Ottoman legal system saw substantial reform influenced by Western codes and institutions. This process of legal modernization began with the Edict of Gülhane of 1839, which included reforms such as "fair and public trials of all accused regardless of religion" and the creation of a system of "separate competences, religious and civil". The Ottoman Empire also adopted a three-tiered court system referred to as the Nizamiye, which was extended to the local magistrate level with the promulgation of the Mecelle, a code of Islamic law covering all areas of civil law and procedure except family law.
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Frequently asked questions
Islamic Law in the Ottoman Empire was based on the Hanafi school of Islamic jurisprudence. Sharia law, derived from the Quran, Sunnah (precepts of Mohammed), ijma (teachings of Muslim scholars), and qiyas (analogical reasoning), prevailed in the fields of Law of Persons, Real Rights, Family, Inheritance, Obligations and Commercial Law.
Islamic Law in the Ottoman Empire was administered by a complex system of courts and judges. The judicial system was managed by Kazaskers (chief military judges) and Kadis (Islamic judges), who were responsible for judicial affairs. The chief jurist, or Shaykh al-Islam, had the authority to issue legal opinions (fatwas) and oversee religious and legislative matters, although he did not have judicial powers.
The Ottoman Sultans played a significant role in shaping Islamic Law in the empire. They established decrees in public law, particularly in ceremony and feudal law, which are absent in Sharia Law. These decrees, known as "kanuns," were issued via royal decrees called "Ferman." The Sultans also had the power to supplement and enhance Sharia Law with sultanic law, or "Qanun," to address practical concerns and regional specificities that were not covered by Islamic jurisprudence.
