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
[515] Hammer, _Staatsverfassung_, 10; D’Ohsson, i. 22-24. The
_Multeka_ is the basis of D’Ohsson’s excellent work, which consists
of a translation of the code with its comments, to which he has added
observations of great value based on historical studies and on his own
investigations during many years’ residence in Turkey. Heidborn, 44-69,
gives a detailed account of the development of the Sacred Law. He also
(pp. 85-89) describes the _Multeka_ and gives a table of its contents.
[516] Heidborn, 40-41. This writer uses the form _fykyh_.
[517] Snouck Hurgronje, in _Revue de l’Histoire des Religions_, xxvii. 1
ff., 74 ff.
[518] Goldziher, in _Zeitschrift für Vergleichende Rechtswissenschaft_,
viii. 406 ff.; Kohler, _ibid._ 424 ff.; Juynboll, 8, 310.
[519] In Turkey at the present day the courts of the Sacred Law
(_Sheriyeh_) have sole cognizance of the following classes of cases: “in
civil law, questions concerning marriage, alimony, education of children,
liberty, slavery, inheritance, wills, absence, and disappearance; in
criminal law, suits concerning retaliation, the price of blood, the
price of laming a limb, the price of causing an abortion, damages for
disfigurements, the division of the price of blood” (Heidborn, 255).
The _Nizamiyeh_, or secular courts, have sole cognizance of commercial
and penal cases, and a few other groups. All other causes are taken
before the _Sheriyeh_ courts if the parties agree; otherwise before the
_Nizamiyeh_ courts. Thus the courts of the Sacred Law still retain a
great deal of importance in Turkey.
[520] See, in particular, above, pp. 40, 41, 42. See also Postel, i. 116
ff., 124 ff.; Ricaut, 200 ff. Heidborn, 43, comments on this state of
affairs, and explains the comparatively recent further legal developments
in Turkey as follows:—
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