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 _Mufti_ was definitely constituted by Suleiman the head of the
_Ulema_;[662] and as such he outranked all officials of government,
except that he yielded place to the grand vizier on ordinary occasions.
He was almost the equal of the sultan himself, since he was the expounder
and representative of the Sacred Law, which was above the sultan.
Bayezid II was accustomed to stand to receive the _Mufti_, and to give
him a seat above his own.[663] Early in Suleiman’s reign it was said,
“The Turk shows his [_Mufti_] the greatest reverence of any man in
his realm, because he represents justice and the image of God.”[664]
Sixteenth-century Westerners compared the _Mufti_ with a “very great
cardinal,”[665] but more often with the pope.[666] The _Mufti_ had,
however, no temporal authority and no active part in affairs; like
his brethren in lesser cities, he could give responses only when his
opinion was asked. He could, however, rightly be compared with the pope
in dignity and in the magnitude of the matters with which he dealt. His
alone was the right to proclaim that war should be begun, and to send
out preachers to declare that the war was holy and incumbent on all
Moslems. He was frequently consulted by the sultan as to the conformity
of proposed _Kanuns_ with the Sacred Law.[667] In his hands rested the
extreme responsibility of pronouncing that a sultan had transgressed
the Sacred Law and ought to be deposed. In short, though he could claim
no divinely delegated power to create new rules of faith or law, he was
the final earthly authority in the interpretation of the Sacred Law as
completed by Mohammed the Prophet. He exercised a function similar to
what in the United States of America is the highest office of the Supreme
Court,—the power of defending the Constitution. In this capacity the
_Mufti_ often withstood the sultan. _Urf_ was subordinate to _Sheri_,
and in case of conflict the former must yield; therefore the sultan, who
embodied the former, could not override the _Mufti_, who represented the
latter. A century after the time of Suleiman it was said:—
“The _Mufti_ is the principal head of the _Mahometan_ Religion or Oracle
of all doubtful questions in the Law, and is a person of great esteem
and reverence amongst the _Turks_; his Election is solely in the Grand
Signior, who chuses a man to that Office always famous for his Learning
in the Law, and eminent for his vertues and strictness of Life: his
Authority is so great amongst them, that when he passes Judgment or
Determination in any point, the Grand Signior himself will in no wise
contradict or oppose it....
Public-domain text, read in full here on John Shaqi.
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