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 judges who belonged to the corps of the _Ulema_ had jurisdictions
that were based upon territory, and that covered the whole empire to
an even wider extent than did the administration of the government.
The Crimea and North Africa, though under vassal governments, formed
part of the Ottoman judicial system.[676] The tribunals of the judges
seem to have been competent for all kinds of cases, whether civil or
criminal, and whether covered by the _Sheri_, the _Kanuns_, _Adet_,
or none of these.[677] But, as has been seen, they were not competent
to try all persons. The _kullar_, the _Seids_, and the members of the
foreign colonies had their separate systems of justice; even the subject
Christians, in matters between themselves, had their own ecclesiastical
tribunals to which they regularly resorted. Cases concerning the
administration of certain groups of _vakf_ lands were tried in special
courts, which were, however, presided over by members of the regular
judicial body. The fief-holders had seigniorial jurisdiction in certain
matters; and the officers of local government seem also to have had
independent right to decide cases outside the sphere of the Sacred Law,
whether covered by _Kanun_, _Adet_, or unprovided for.[678] The judges
of the Moslem Institution, therefore, tried all cases involving the
Sacred Law which arose within the empire, and which were between Moslem
and Moslem or between Moslem and Christian (except when the Moslem was a
_kul_ of the sultan or a _Seid_), as well as a large proportion of the
cases which were outside the sphere of the Sacred Law.
Nearly all judges were judges of cities, having jurisdiction also over
the surrounding territory;[679] exceptions were the _Mufettishes_ of
the _vakf_ lands, the judge who accompanied the _Kapudan Pasha_ on his
annual cruise to the Aegean Islands, the two _Kaziaskers_, and the
grand vizier. The judges were all carefully graded in five principal
classes, three of which were each again subdivided into several groups.
By another grouping, on a geographical basis, they were in two divisions
under the _Kaziaskers_ of Europe and Asia. The five classes were the
greater _Mollas_, the lesser _Mollas_, the _Mufettishes_, the _Kazis_,
and the _Naibs_. The general name for judge was _Kazi_, and the popular
title of respect for them all was _Molla_;[680] but the official titles
were as described above. In general, a _Danishmend_ who aspired to the
judicial career chose while in the law course, according to his ambition
or ability, which of the five classes he would strive to enter and after
entering one of them he could not pass to another. Each had its ladder of
promotion.
Public-domain text, read in full here on John Shaqi.
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