The government of the Ottoman Empire in the time of Suleiman the MagnificentLybyer, Albert Howe
History
The government of the Ottoman Empire in the time of Suleiman the Magnificent
Lybyer, Albert Howe
Süleyman I, Sultan of the Turks, 1494 or 1495-1566; Turkey -- Politics and government
churches which had been held by the Byzantine emperors.[508] The Greek
Patriarch received from the sultan appointment and investiture, including
a command to bishops, clergy, and people of his faith to render obedience
to him in matters within his province; the other Christian groups and
the Jews were likewise dependent. Finally, the privileges enjoyed by
the foreign settlements all depended upon grants from the sultan or
upon treaties made with him in his sovereign capacity.[509] As for the
officials of the Ruling Institution, they were all either directly or
indirectly the sultan’s appointees. Grand vizier, viziers, treasurers,
chancellor, generals of the inside service, generals of the outside
service and the army, _Beylerbeys_ and _Sanjak Beys_, all took their
places at a word from him, and at a second word all left them without
a murmur.
THE SULTAN AS LEGISLATOR
So far as legislation was possible under the Ottoman system, the sole
power to issue it rested in the sultan. The law which demanded obedience
within the Ottoman Empire was fourfold: the _Sheri_, or Sacred Law of
Islam; the _Kanuns_, or written decrees of the sultans; the _Adet_, or
established custom; and the _Urf_, or sovereign will of the reigning
sultan.[510] The _Sheri_ was above the sultan and unchangeable by him;
the _Kanuns_ and the _Adet_ were subordinate to the _Urf_; the _Urf_,
when expressed and written, became _Kanun_ and annulled all contradictory
_Kanuns_ and _Adet_.
The _Sheri_ was the whole body of Islamic law as accepted by the Ottoman
nation. Its long history cannot be detailed here. Based originally on
the Koran, supplemented by traditions of Mohammed’s legal decisions
and sayings, and by the decisions of the early caliphs and the
interpretations of early judges,[511] it was first formulated by Abu
Hanifa, who was the earliest of the four great orthodox Moslem doctors,
and who became the accepted teacher of all Turkish peoples.[512] His
code was worked over again and again in the course of six centuries,
as new decisions of judges and interpretations of jurists accumulated.
Mohammed II found it necessary to have a new code prepared, a task for
which he chose Khosrew Pasha, who, singularly enough, was a Christian
renegade, seemingly almost the only one who rose high in the Moslem
Institution.[513] This work, finished in 1470,[514] was not sufficient in
the days of Suleiman. At the time of its preparation the Ottoman Empire
had been still wholly within territory that had remained Christian during
all the early brilliant period of Islam; but since then the sultans had
conquered three seats of the later caliphate, Damascus, Bagdad, and
Cairo, and had come to hold the protectorate of the Holy Cities, where
Mohammed and the early caliphs had ruled. A new code of law, therefore,
better adapted to the more widely Moslem character which the empire
had assumed, was demanded. Suleiman charged Sheik Ibrahim Halebi (of
Public-domain text, read in full here on John Shaqi.
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