Introduction -- Ibn Nujaym : The Father of Late Ḥanafism? -- "The Sulṭan Says" : Ottoman Sultanic Authority in Late Ḥanafī Tradition -- Ottoman Rationale for Codification : The Mecelle -- Conclusion

The contrast between religion and law has been continuous throughout Muslim history. Islamic law has always existed in a tension between these two forces: God, who gave the law, and the state--the sultan--representing society and implementing the law. This tension and dynamic have created a very particular history for the law--in how it was formulated and by whom, in its theoretical basis and its actual rules, and in how it was practiced in historical reality from the time of its formation until today. That is the main theme of this book. Knut S. Vikor introduces the development and practice of Islamic law to a wide readership: students, lawyers, and the growing number of those interested in Islamic civilization. He summarizes the main concepts of Islamic jurisprudence; discusses debates concerning the historicity of Islamic sources of dogma and the dating of early Islamic law; describes the classic practice of the law, in the formulation and elaboration of legal rules and practice in the courts; and sets out various substantive legal rules, on such vital matters as the family and economic activity.

This book examines the transformation of scholars into scholar-bureaucrats and discusses ideology, law and administration in the Ottoman Empire.

In 1876, a recently dethroned sultan, Abdülaziz, was found dead in his cham- bers, the veins in his arm slashed. Five years later, a group of Ottoman senior officials stood a criminal trial and were found guilty for complicity in his murder. Among the defendants was the world-famous statesman former Grand Vizier and reformer Ahmed Midhat Pasa, a political foe of the autocratic sultan Abdülhamit II, who succeeded Abdülaziz and ruled the empire for thirty-three years. The alleged murder of the former sultan and the trial that ensued were political dramas that captivated audiences both domestically and internationally. The high-profile personalities involved, the international politics at stake, and the intense newspaper coverage all rendered the trial an historic event, but the question of whether the sultan was murdered or committed suicide remains a mystery that continues to be relevant in Turkey today. Drawing upon a wide range of narrative and archival sources, Rubin explores the famous yet understudied trial and its representations in contemporary public discourse and subsequent historiography. Through the reconstruction and analysis of various aspects of the trial, Rubin identifies the emergence of a new culture of legalism that sustained the first modern political trial in the history of the Middle East.

Using Arabic and Ottoman Turkish sources drawn from three genres of legal text, this book is the first full-length study in decades to investigate the evolution of Ottoman land law from its “classical” articulation in the sixteenth century to its reformulation in the 1858 Land Code. The book demonstrates that well before the nineteenth century the tradition of Ottoman land tenure law had developed an indigenous form of property right that would remain intact in the Land Code. In addition, the rising consensus of the jurists that the sultan was the source of the land law paved the way for the wider legislative authority that the Ottoman state would increasingly assert in the Tanzimat period of reform. Demonstrating the profound and ongoing adaptation of a legal tradition that was at once both Ottoman and Islamic, it revises our understanding of the relationship between the modern Islamic world and its early modern past, and what kind of intervention was represented by reform in the 19th century.

A study of Islamic law and political power in the Ottoman Empires richest provincial cityWhat did Islamic law mean in the early modern period, a world of great Muslim empires? Often portrayed as the quintessential jurists law, to a large extent it was developed by scholars outside the purview of the state. However, for the Sultans of the Ottoman Empire, justice was the ultimate duty of the monarch, and Islamic law was a tool of legitimation and governance. James E. Baldwin examines how the interplay of these two conceptions of Islamic law religious scholarship and royal justice undergirded legal practice in Cairo, the largest and richest city in the Ottoman provinces. Through detailed studies of the various formal and informal dispute resolution institutions and practices that formed the fabric of law in Ottoman Cairo, his book contributes to key questions concerning the relationship between the shariaa and political power, the plurality of Islamic legal practice, and the nature of centre-periphery relations in the Ottoman Empire.Key featuresOffers a new interpretation of the relationship between Islamic law and political powerPresents law as the key nexus connecting Egypt with the imperial capital Istanbul during the period of Ottoman decentralizationStudies judicial institutions such as the governors Diwan and the imperial council that have received little attention in previous scholarshipIntegrates the study of legal records with an analysis of how legal practice was represented in contemporary chroniclesProvides transcriptions and translations of a range of Ottoman legal documents

How international is international humanitarian law? The Laws of Yesterday's Wars 3: From Highland New Guinea to the Island of Malta, together with its companion volumes, The Laws of Yesterday’s Wars: From Indigenous Australians to the American Civil War (Brill-Nijhoff, 2021) and The Laws of Yesterday's Wars 2: From Ancient India to East Africa (Brill-Nijhoff, 2022), attempts to answer that question. It offers a culture-by-culture account of various unique restrictions placed on warfare over time. Containing essays by a range of laws of war academics and practitioners, it approaches the laws of yesterday’s wars from a wide cross-section of history and culture, seeking to find any common ground and to demonstrate a history of international law outside the usual confines of its ‘development’ by Europeans and its later ‘contributions.’ This volume includes studies on Mongol, Iban and Ottoman rules of war.

The Tigris and Euphrates rivers run through the heart of the Middle East and merge in the area of Mesopotamia known as the "cradle of civilization." In their long and volatile political history, the sixteenth century ushered in a rare era of stability and integration. A series of military campaigns between the Mediterranean Sea and the Persian Gulf brought the entirety of their flow under the institutional control of the Ottoman Empire, then at the peak of its power and wealth. Rivers of the Sultan tells the history of the Tigris and Euphrates during the early modern period. Under the leadership of Sultan Süleyman I, the rivers became Ottoman from mountain to ocean, managed by a political elite that pledged allegiance to a single household, professed a common religion, spoke a lingua franca, and received orders from a central administration based in Istanbul. Faisal Husain details how Ottoman unification institutionalized cooperation among the rivers' dominant users and improved the exploitation of their waters for navigation and food production. Istanbul harnessed the energy and resources of the rivers for its security and economic needs through a complex network of forts, canals, bridges, and shipyards. Above all, the imperial approach to river management rebalanced the natural resource disparity within the Tigris-Euphrates basin. Istanbul regularly organized shipments of grain, metal, and timber from upstream areas of surplus in Anatolia to downstream areas of need in Iraq. Through this policy of natural resource redistribution, the Ottoman Empire strengthened its presence in the eastern borderland region with the Safavid Empire and fended off challenges to its authority. Placing these world historic bodies of water at its center, Rivers of the Sultan reveals intimate bonds between state and society, metropole and periphery, and nature and culture in the early modern world.

In the formation of the modern law of nations, peace treaties played a pivotal role. Many basic principles and rules that governed and still govern relations between states were introduced and elaborated in the great peace treaties from the Renaissance onwards. Nevertheless, until recently few scholars have studied these primary sources of the law of nations from a juridical perspective. In this edited collection, specialists from all over Europe, including legal and diplomatic historians, international lawyers and an International Relations theorist, analyse peace treaty practice from the late fifteenth century to the Peace of Versailles of 1919. Important emphasis is given to the doctrinal debate about peace treaties and the influence of older, Roman and medieval concepts on modern practices. This book goes back further in time beyond the epochal Peace of Treaties of Westphalia of 1648 and this broader perspective allows for a reassessment of the role of the sovereign state in the modern international legal order.

The Second Formation of Islamic Law offers a new periodization of Islamic legal history in the eastern Islamic lands.