Capitulations And The Ottoman Legal System: Qadis,consuls by Maurits H. van den Boogert

By Maurits H. van den Boogert

Pre-modern Western resources mostly declare that ecu mercantile groups within the Ottoman Empire loved felony autonomy, and have been hence successfully proof against Ottoman justice. whilst, they document quite a few disputes with Ottoman officers over jurisdiction (“avanias”), which turns out to contradict this declare, the discrepancy being thought of evidence of the capriciousness of the Ottoman criminal approach. glossy experiences of Ottoman-European family members during this interval have tended uncritically to just accept this interpretation. Readership: All these attracted to criminal background, the historical past of Islamic legislations, the historical past of the Ottoman Empire, the historical past of European-Ottoman relatives, in addition to historians of the center East normally.

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Additional resources for Capitulations And The Ottoman Legal System: Qadis,consuls And Beraths In The 18th Century (Studies in Islamic Law and Society) (Studies in Islamic Law and Society)

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The beneficiary of aman, müste’min, who stayed longer in the lands under Islamic rule, automatically became a zimmi, a protected non-Muslim subject of the sultan. Although this limitation does not occur in any of the capitulations granted after 1536, it remained a sensitive issue at least until the beginning of the nineteenth century. In the fetva collection of Mehmed el-Kadusi, which was written in 1808 and appeared in print in 1822, several opinions are found concerning foreigners buying land subject to the land- 25 Noradounghian, Recueil, I, 87; Cf.

Every consul, dragoman and protégé needed an individual deed of appointment confirming his privileged status. 15 As an incident described in the next chapter will show, consuls who attempted to assume their office without having their berat, could well get in trouble with the Ottoman authorities. These consular and dragomans’ berats contained articles that were not in the capitulations, effectively elaborating on them. 16 By the eighteenth century consular authority was firmly established, and this article no longer occurred in consular berats.

24 chapter one characteristic of Europeans in the Ottoman Empire in the eighteenth century. They clung to the notion that the ahdnames were immutable, while incessantly seeking to extend their privileges at the same time. In practice most ambassadors and consuls took more pragmatic positions, but these are seldom reflected in the official correspondence. Only if we dig deeper, do traces appear of the ways in which the apparent gap between the Europeans’ expectations and the Ottoman perception of their privileges was bridged.

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