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
Suleiman’s laws are not contained in a single _Kanun-nameh_. He is
rightly named the Legislator by comparison with preceding Ottoman
sultans, who were men of the sword and not of the pen; who, saying
little, but doing much, had built up a great empire. With the empire,
institutions which started from small beginnings had also grown great;
but, resting as they did on few written laws or ordinances, they had
tended to reach a confused and complicated condition. The Ruling
Institution itself, gathered closely about the sultans and constantly
amended by them, was kept in excellent order; it needed no _Kanun-nameh_,
and as a whole never had one, though many _Kanuns_ of rank, ceremony,
salary, and inheritance had reference to it. More remote matters,
however, could not have so much attention. By the time of Suleiman’s
accession, for example, the feudal system, and the bearing of the various
forms of taxation and land tenure on the subject population, had come
into great disorder; criminal law also needed further development, and
the market and gild regulations of the cities of the empire demanded
attention. Egyptian affairs were likewise in wild confusion. Already
disordered under the last Mameluke sultans,[537] they were now, by
reason of the many deaths and confiscations in the war of conquest and
the setting-up of a new governing authority, imperatively demanding
settlement. In accordance with the needs of the time, therefore, Suleiman
issued a large number of _Kanuns_, dealing especially with _timars_
or fiefs, _rayahs_ or subjects, ceremonies, and criminal and market
regulations, and comprising a constitution for Egypt, the _Kanun-nameh
Misr_.[538] The latter appears to be the only body of _Kanuns_ which
the Legislator published as a whole, and which formed a complete
system; issued in 1532,[539] it was probably inspired by Ibrahim,
following up his visit to Egypt in 1524.[540] The collection of the
great _Mufti Ebu su’ud_, which is called the _Kanun-nameh_ of Suleiman,
contains chiefly his ordinances in regard to the land tenure and taxes
of the subject Christians, together with a number of laws designed to
regulate the feudal system, and a few relating to judges and legal
processes.[541] Suleiman was great as a legislator only by comparison
with his predecessors. He set nothing in final order; and the ground
had to be gone over again within fifty years after his death, in the
reign of Achmet I.[542] His legislation was doubly hindered: first, by
the conservatism of his people and his religion, which alike believed
that the old ways were the best, and which made radical departures
practically impossible; and, second, by the weakness inherent in despotic
legislation, in which the distance of the law-giver from the subjects
affected makes true adaptation to circumstances and complete enforcement
impossible of attainment. Because of the first hindrance, most of
Suleiman’s laws professed an attempt to restore a former better state of
affairs.
Public-domain text, read in full here on John Shaqi.
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