From Plurality to Unity: Codification and Jurisprudence in the Late Ottoman Empire

Toprak, Zafer

doi:10.5040/9780755622184.0007

Cited by 4 publications

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“…The most significant of these steps was the creation of the Supreme Council of Judicial Ordinances (Meclis-i Vâlâ-y Ahkâm-Adliye) on March 23, 1837. 63 The duty of this council was to make new laws and to audit the practice of the articles of Tanzimat after the declaration of the Tanzimat Edict. This council was also able to judge.…”

Section: Structural Reforms In the Tanzimat Eramentioning

confidence: 99%

Ottoman Justice Thought in Tanzimat Period and Transitional Justice: A Comparative Analysis

Kaplan¹

2019

Şırnak Üniversitesi İlahiyat Fakültesi Dergisi

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One of the debates about contemporary political philosophy is related to historical perspective upon the Transitional Justice. This debate focuses on the probability of whether the historical perspective will in the Transitioal Justice practices. In addition to this, in the evaluations concerning Transitional Justice, recently happened events and implemented reforms are taken into account and historical examples are not frequently referred. In the present work, we will scrutinize the reforms made in American Reconstruction and Ottoman Tanzimat eras in terms of transitional justice. By taking both eras into consideration as two cases, we sought to question the possibility of historical perspective in the work. The work is limited to the legal arrangements and structural reforms in the considered eras. In the conclusion of the work, it is seen that the legal and structural reforms in both eras, which had the characteristics of transitional period, failed. In spite of this, it is probable to say that the taken steps related to justice formed the basis of many constitutional and legal reforms in the future. Additionally, these two cases demonstrate the significance of historical perspective in the studies of transitional justice.

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Section: Structural Reforms In the Tanzimat Eramentioning

confidence: 99%

Ottoman Justice Thought in Tanzimat Period and Transitional Justice: A Comparative Analysis

Kaplan¹

2019

Şırnak Üniversitesi İlahiyat Fakültesi Dergisi

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“…The first article stated that the code did not abrogate the provisions of Islamic law and that it merely codified the limits of the rights of the ruler (Ziadeh, 1995). Moreover, the code was to be administered only by secular ( nizamiye ) courts, using laws of procedure adopted from French models, established under the jurisdiction of the Ministry of Justice (Toprak, 2007: 36). Islamic court records point to the fact that Islamic law remained remarkably intact and, thus, new legislation existed side by side with a powerful and sometimes dynamic sharia.…”

Section: Foster‐daughters' Strategies Of Taking Agencymentioning

confidence: 99%

Foster‐Daughter or Servant, Charity or Abuse: Beslemes in the Late Ottoman Empire*

Maksudyan¹

2008

J Historical Sociology

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This paper addresses the complex and contradictory framing of youthful female sexuality, personified in the figure of foster-daughters (beslemes), in the nineteenth century Ottoman Empire. Beslemes were both sexually exploited and attempted to be disciplined under the critical gaze of the upper classes and the state, since they disturbed the accepted rules and limits of sexual agency as sexually active unwed adolescent girls. They were marginalized as indecent and fallen girls, since sexual agency and chastity were considered to be incompatible. Though acknowledging the subordination of foster-daughters, this paper suggests that these young women were not completely subjected, silenced and helpless and that they were able to find ways of taking the initiative in resistive strategies.

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The Transformation of Islamic Law in Modernity

March

2020

The Oxford Handbook of the Sociology of the Middle East

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In the process of modernizing Muslim majority states in the 19th and 20th centuries, Islamic law was often replaced with foreign legal codes. But in many areas of the law, Islamic legal norms were not replaced but rather transformed from an uncodified “jurists’ law” applied by qadis into legal codes applied by sovereign states. This process involved the transformation of not only many aspects of the substance of Islamic law but also the methods, agents, and epistemologies by which Islamic law is known and enforced. This chapter explores this revolution in Islamic law from the 19th-century Ottoman Tanzimat reforms to the 20th-century national appropriations of Islamic law in a few select areas, particularly family and personal status law.

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From Plurality to Unity: Codification and Jurisprudence in the Late Ottoman Empire

Cited by 4 publications

References 0 publications

Ottoman Justice Thought in Tanzimat Period and Transitional Justice: A Comparative Analysis

Ottoman Justice Thought in Tanzimat Period and Transitional Justice: A Comparative Analysis

Foster‐Daughter or Servant, Charity or Abuse: Beslemes in the Late Ottoman Empire*

The Transformation of Islamic Law in Modernity

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