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
A number of the _Ulema_ who had finished the law course, and who at some
previous time had chosen to become counsellors and jurists rather than
to take up the severer and more active judicial career, constituted a
distinct body, the _muftis_, who were held in high esteem. One of these
was assigned as associate to the judge of every important city, to the
number of about two hundred in all, while others were counsellors for
the _Beylerbeys_ and _Sanjak Beys_. Appointed for life, they lived in
retirement, having no initiative of action. When the judge, _Bey_, or any
private citizen, confronted by a case or other matter which involved a
learned knowledge of the Sacred Law, submitted to one of them a question
in writing, usually in the form of a hypothetical case, it was the duty
of the _mufti_, after careful consideration of the question in the light
of the law books of the school of Abu Hanifa, to give an answer that
applied the Sacred Law to the matter concerned. These answers, which
were called _fetvas_, were usually extremely concise and unaccompanied
by reasoning; they were prepared and sealed in solemn form.[660] When a
judge or a _Bey_ proposed to his _mufti_ a question touching a pending
law case, the _mufti’s_ response ordinarily settled the case. Private
citizens who obtained _fetvas_ ordinarily did so to help their causes
in pending law suits; here again a pertinent question and answer would
usually settle the case. Since there was no class of professional
lawyers, the _muftis_ were a necessary and very useful body.
In ordinary cities the _mufti_ ranked after the judge. This was not the
case in Constantinople, where the sultan and his officers of government
frequently had questions to present which touched matters of the highest
public importance. As a consequence the _mufti_ of Constantinople became
_par excellence_ the _Mufti_. Mohammed II assigned to him also the title
of _Sheik ul-Islam_, the Ancient of Islam, which in later times was to
become his ordinary title. The _Mufti_ was not regularly chosen from
among his fellows, but was usually advanced by the sultan from the active
judicial service.[661] He had the right to appoint and promote all the
other _muftis_ of the empire. A special bureau called the _Fetva-khaneh_
was created by Suleiman to assist the _Mufti_ in preparing decisions.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account