An Outline of Islamic Law and Different Applications of Some of its Rules by the Ottomans

Year 1987, , 637 - 650, 20.08.1987

Neşet Çağatay

https://doi.org/10.37879/belleten.1987.637

Abstract

Born in Mecca on April 20, 571 AD Prophet Muhammad had already determined the general framework of an Islamic social and economic order by the time He died on June 8, 632 AD at Medina. As the religion of Islam deals with all activities of the individual including his overall relations with Allah and society, legal and social rules are entwined in an order we call canonical jurisprudence or Shari'a. To put it otherwise, Islamic law is a very large system accomodating rules related to both social life and public administration as the Prophet was both the founder of the Religion and the Head of the State of Medina. We are not to dwell here on all chapters of the Islamic law, since this is not possible in view of the limited place available. Further, it will not be called for as all the distinguished scholars are well versed in them. Therefore, I will consider here certain characteristics of this law and will limite my expose to a few illustrations as to how the Ottoman caliph-sultans had made use of and applied some legal rules emanating and drawn from this complexe and amazing system of canonical legislature by modifying them to such degree that sometimes their practices happened to contradict Shari'a.

Keywords

Islam, Law, Islamic law, Ottoman, History