Public Violence in Islamic SocietiesPower, Discipline, and the Construction of the Public Sphere, 7th-19th Centuries CE

Lange, Christian; Fierro, Ma. Isabel

doi:10.3366/edinburgh/9780748637317.001.0001

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“…One wonders, for example, whether the so‐called Sunni revival and the concomitant arrival to power of Turkish dynasties from the 11th century onwards changed the habitual patterns of public punishment, by further distancing these patterns from, or indeed by bringing them more closely in line with, the ideal prescriptions of fiqh . Studies of the ritual symbolism of state punishment, however, remain rare, even if some collaborative efforts have been made to address this lacuna (Lange & Fierro 2009).…”

Section: Types Of Punishmentmentioning

confidence: 99%

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Crime and Punishment in Islamic History (Early to Middle Period): A Framework for Analysis

Lange

2010

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This article reviews a number of received opinions about the history of crime and punishment in pre-modern Islamic societies in the Nile-to-Oxus region: that the definition of crime continuously overlapped notions of the sacred, given the thin or even indistinct line dividing religion and government; that the contribution of Muslim jurists ( fuqaha') to criminal law was minimal because of their lack of interest in defining the individual's rights and duties vis-à-vis the state; that in the absence of court records, the study of the pre-Ottoman history of crime and punishment is limited to the (sparse) historiographical evidence, in addition to the (largely irrelevant) Muslim fiqh. In order to nuance and, where appropriate, challenge these perceptions, this article calls for more contextualized and cross-disciplinary approaches to Islamic criminal law of the pre-Ottoman period, and proposes a new typological, actor-centred model of interpretation.

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Section: Types Of Punishmentmentioning

confidence: 99%

“…7 7 For a collaborative effort to reflect on such issues, see the essays collected in Lange & Fierro 2009. …”

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Crime and Punishment in Islamic History (Early to Middle Period): A Framework for Analysis

Lange

2010

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Caliphs and Kings

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Gendered Subjects in Ottoman Constitutional Agreements, ca. 1740-1860

Tuğ¹

2014

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This paper is part of a larger project which aims to trace continuities and changes in governmental and punitive techniques of the Ottoman power over moral order from the mid-eighteenth century to the early decades of the Tanzimat era. The larger project aims to analyze the legal culture of the Tanzimat through both norms (imperial decrees, criminal codes, etc.) and practices (litigations in the courts and higher councils). As a beginning to this larger project, the current paper makes only a discursive analysis of the Tanzimat Edict and the Criminal Codes of the period. 2 Although the modern Turkish Constitution of 1982 which is the current constitution in the Turkish Republic does not use the term human dignity, this normative term is

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Public Violence in Islamic SocietiesPower, Discipline, and the Construction of the Public Sphere, 7th-19th Centuries CE

Cited by 3 publications

References 0 publications

Crime and Punishment in Islamic History (Early to Middle Period): A Framework for Analysis

Crime and Punishment in Islamic History (Early to Middle Period): A Framework for Analysis

Bibliography

Gendered Subjects in Ottoman Constitutional Agreements, ca. 1740-1860

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