By Maurits H. van den Boogert
Pre-modern Western resources regularly declare that eu mercantile groups within the Ottoman Empire loved criminal autonomy, and have been hence successfully proof against Ottoman justice. even as, they file various disputes with Ottoman officers over jurisdiction (“avanias”), which turns out to contradict this declare, the discrepancy being thought of facts of the capriciousness of the Ottoman criminal procedure. smooth reports of Ottoman-European family members during this interval have tended uncritically to simply accept this interpretation. Readership: All these attracted to felony background, the historical past of Islamic legislations, the heritage of the Ottoman Empire, the historical past of European-Ottoman family, in addition to historians of the center East in most cases.
Read Online or Download Capitulations And The Ottoman Legal System: Qadis,consuls And Beraths In The 18th Century (Studies in Islamic Law and Society) (Studies in Islamic Law and Society) PDF
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Additional info for Capitulations And The Ottoman Legal System: Qadis,consuls And Beraths In The 18th Century (Studies in Islamic Law and Society) (Studies in Islamic Law and Society)
40 chapter one created a bureaucratic apparatus that supervised the implementation of the States General’s orders. The college was located in Amsterdam, and consisted of notable merchants who generally had experience in many areas of the Dutch overseas enterprise. On the authority of the States General the Directors corresponded with the Dutch ambassador in Istanbul, as well as with consuls throughout the Mediterranean. Later similar colleges were established in other Dutch cities, but the one in Amsterdam remained the most important.
29 A letter by }eyhülislâm Dürri-zade Mehmed Efendi in 1731 in which he explicitly recommended the qadi in Aleppo to respect the imperial capitulations has already been mentioned above, but other examples are also known. In the early seventeenth century, for example, the }eyhülislâm, Yahya Efendi (d. 1053/1644), wrote a letter to the Dutch States General conﬁrming the appointment of the ﬁrst Dutch ambassador to the Porte. 30 Theoretical limitations of the concept of aman generally seem to have been irrelevant in practice.
Taken together these snippets of information—maybe introduction 15 comparable with the pottery shards found by archaeologists23—provide an image of the legal status of foreigners and their protégés in the Ottoman Empire in the eighteenth century, and I have included several as context for my case studies. It is, however, the cases I found more or less complete and intact that I put on display. My aim to present three thematically diﬀerent cases further narrowed down the available corpus. Published Texts During the nineteenth century a number of compendia of texts were published that remain valuable instruments for comparative research on the capitulatory system.