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
Some Western observers were as strongly impressed with the superiority
of Ottoman justice over that in their own lands as they were with the
superiority of discipline in the Ottoman camp, or of promotion by merit
in the Ottoman government service.[704] One of them said: “To understand
at length their diligence in justice, it would be necessary to write more
than I have done; and further, since there is nothing here [that is, in
France] so near immorality as the processes and extortions which men do,
it gives me shame to recite so great diligence among people proclaimed
wicked; this it is, without any doubt, which makes them so to rule,
conquer, and keep.... Of Sultan Suleiman, who rules at present, I do not
wish to speak, for his deeds are not yet accomplished, and he cannot yet
be praised, except for his humanity, justice, and fidelity.”[705]
The law which the judges administered was primarily the Sacred Law,
as given in the Koran and the traditions of Mohammed, but especially
as codified by the great doctors of the school of Abu Hanifa, and as
interpreted in collections of the _fetvas_ of great jurists. Next
the judges applied the _Kanuns_ of the sultans, and the customs and
immunities of the regions in which they served.[706] Finally, they had a
considerable field in which to make use of equity: “The good sense and
prudence of judges trained in reasoning,” says Postel, “supplies and
decides many things that are not written.”[707] The only resemblance to
the Anglo-Saxon system of case law seems to have been the use of the
_fetvas_ of the _muftis_. Since the hearing of ordinary cases was summary
and decisions were rendered very briefly, no extended reports were
possible. The absence of printing, which was not introduced into Turkey
until the eighteenth century, aided further toward making a general use
of the decisions of judges as precedents practically impossible. In
those days judges relied upon their own knowledge of law and custom,
on the few books they might possess, on their sense of equity, and, in
matters of difficulty, on the opinions of the local _muftis_. Since
the judges were not each surrounded by a group of trained and keenly
watchful lawyers, but acted alone except for their own subordinates,
there was more opportunity for unjust decisions by a dishonest judge than
among English-speaking peoples. Or, to state the matter differently,
Ottoman justice depended more upon the integrity of judges than does
Anglo-Saxon justice. Although the Sacred Law was rigid, its application
to the individual case was adjustable, and adjustment was ordinarily
accomplished by the decision of one man. Judges therefore possessed great
power over the fortunes of individuals, a fact which in part explains the
great deference and honor that was shown them.
THE MOSLEM INSTITUTION AS A WHOLE
Public-domain text, read in full here on John Shaqi.
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