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 Ottoman sovereigns at first issued their new legislation as
_firmans_, or ordinances,[527] but in the course of time they adopted
from the Greek word κανών, or rule, the word _kanun_, which they applied
to every general law. This Greek word as applied to law thus came to
be used in contrary senses in the East and the West. To the canon law
of the West corresponded the _Sheri_, and to the civil or rather the
national law of the West, the _Kanuns_. It is to be noted, however, that
the _Sheri_ had wider sway in Turkey in the sixteenth century than the
canon law ever had in the West. Not only did it deal with a far larger
field, but its judges seem sometimes to have administered the _Kanuns_
also; they had, further, the support of the national government, whereas
the rival courts of the great officials had ordinarily a very limited
jurisdiction. The position of the ecclesiastical courts of the Christian
subjects was much more like that of similar courts in the West.[528]
The _Kanuns_ were issued in accordance with a general formula of the
Sacred Law. “The _Imâm_,” quotes Von Hammer, “has the right to make all
civil and political regulations which are demanded by prudence, the
circumstances, and the public welfare of the administration and the
highest executive power.”[529] The _Kanuns_ of previous sultans were not
binding upon a reigning sultan, except so far as he chose to put them in
force;[530] but the necessity of preserving a continuous administration
led ordinarily to the carrying over to a new reign of all _Kanuns_ that
were actually in use. Reforms or readjustments were often accomplished by
the revival, with modifications, of old _Kanuns_, rather than by wholly
new legislation.[531]
The _Kanuns_ dealt with matters of military, financial, feudal, criminal,
and police law, and with the law of ceremonies.[532] All these were also
covered in a measure by the Sacred Law, with two exceptions,—the feudal
law and the law of ceremonies, which had to do with matters non-existent
in the early Islamic state.[533] Within these two fields the sultans had
a free hand; in all others their _Kanuns_ were strictly supplementary and
administrative.[534]
Public-domain text, read in full here on John Shaqi.
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