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
the practical judges, that is to say against the executors of actual
law.”[518]
The last sentence quoted contains by implication a genuine distinction
between the “religious law,” which may be called jurisprudence, and
the “actual law.” It is true that at the present time “actual law” in
all Mohammedan lands consists only in a comparatively small proportion
of precepts drawn from the _Sheri_; yet a body of precepts which today
requires an elaborate system of courts for its enforcement, and which
offers a career to many thousands of living men as teachers, advisers,
and judges, can hardly be adjudged a mere “doctrine of duties.”[519]
Undoubtedly the _Sheri_ has suffered a gradual shifting of emphasis from
its practical to its jurisprudential side; undoubtedly it has suffered
progressive encroachment upon the area of its practical application,
beginning in very early times and leading up to an invasion in force in
the nineteenth century by the principles, practice, and procedure of
Western Europe. But in the Ottoman Empire of the sixteenth century the
_Sheri_ had no such inferior place. Even then, to be sure, it occupied
by no means the whole field of practical law; but an examination of the
quotations from the Venetian reports which were presented in an earlier
chapter is of itself sufficient to show that at that time the _Sheri_
held the place of overwhelming preëminence in legal matters, in point of
usefulness as well as of honor; that its practical precepts to the full
extent of their formulated scope were the private law of the land; that
its judges were of equal or greater authority and repute than were the
high officers of government; that the latter were in most cases obliged
to execute decisions of the former, their independent jurisdiction
being confined to a limited class of persons, and to the decision of
administrative cases according to _Kanuns_ outside the field of the
Sacred Law.[520]
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