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’s_ power in reality went beyond the field of interpretation
and entered upon that of legislation. It is well known how much the
Supreme Court of the United States of America has extended the powers of
the federal government by the interpretation of the Constitution. The
_Mufti_ acted similarly, though with less freedom, in interpreting the
Sacred Law. His power in this direction was recognized by some Ottoman
Mohammedans: “The _Mufti_ hath a spacious Field for his Interpretation;
for it is agreed that their Law is temporary, and admits of Expositions
according to times and state of things. And though they Preach to the
People the perfection of their _Alchoran_; yet the wiser men hold, that
the _Mufti_ hath an expository power of the Law to improve and better it,
according to the state of things, times and conveniencies of the Empire;
for that their Law was never designed to be a clog or confinement to the
propagation of Faith, but an advancement thereof, and therefore to be
interpreted in the largest and farthest fetched sense, when the strict
words will not reach the design intended.”[674]
The _fetvas_ of the _muftis_ amounted in practice to a body of
legislation which was intermediate between the _Sheri_ and the _Kanuns_:
they partook of the sacred character of the former, as being based
directly upon it; they were, like the latter, of a modern and practical
nature derived from recent application to actual cases. In the _fetvas_,
however, nothing radical or startling could ever be attempted; novel
features were obliged to be of a most inconspicuous character. The
_fetvas_ as a whole caused some development in the Sacred Law, but their
combined additions were altogether too slight to keep it abreast of the
march of events.
Public-domain text, read in full here on John Shaqi.
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