Browsing by Subject "fetva"
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Item Open Access Co-existence and conflict between Muslims and non-Muslims in the 16th century Ottoman Istanbul(Bilkent University, 2008) Çolak, HasanThe attempt of the Ottoman administration to confiscate the Orthodox churches in Istanbul in the 16th century is frequently cited in current historiography. However, transformation of this incident into differing versions throughout centuries prevented many historians from analyzing the issue in detail. For this reason this study attempts to analyze the development of the story, first. The most important aspect of the issue blurring the mind of many historians is the reason behind the decision of the Ottoman administration to confiscate the churches. The reason should be looked for not in the attitude of the sultans towards Christians but in the evolution of the city from its Byzantine period onwards. As a result of the population explosion in the 16th century, Muslim and non-Muslim neighborhoods intersected, and this created a painful course, which iv turned co-existence into a painful process.Item Open Access İltizam in the fetvas of Ottoman şeyhülislams(Bilkent University, 2000) Akpınar, Kürşat Urunguiltizam, farming out revenues to individuals in exchange of an agreed sum of money for a limited period, had been one of the chief means of raising revenues for the Ottoman treasury. The decline of the timer system after sixteenth century rendered iltizam ever more important. Not only the state, but individuals entitled to the usufhict of revenues frequently farmed out revenue instead of collecting it themselves. In this study, the manner in which iltizam is treated in thefetvas of the §eyhulislams is investigated. Most of thefetvas used are taken from the four most “reliable” collections, namely Fetava-yi Ali, Feyziyye, Abdurrahim, and BehcetU'l- Fetava, spanning the period 1674-1730. The fetvas constitute an important source in understanding the legal aspects of iltizam. The fact that iltizam begins to be included in the fetva collections after 1670s shows its growing importance. In a period after the closing of “the gate of reasoning” {Ictihad Kapısı) fetvas of şeyhülislams played a key role in treating a “novel” subject like iltizam within the classical framework of Islamic Jurisprudence. It is seen that şeyhülislam’s positions on the profit and liability of the tax-farmer differed from established practice. Şeyhülislams tried to prevent miiltezims' abuses while following the policy of protecting the high interests of the state. They treated the realities of their age in a practical manner without relinquishing a moral stance that accorded a fair share for everyone, and opposed injustice and wrongdoing -all in perfect harmony with the Near-Eastern idea of the “circle of justice.”Item Open Access Procedure in the Ottoman court and the duties of kadis(Bilkent University, 2002) Atçıl, AbdurrahmanKadıs were heads of civil administration in the Ottoman provinces. In addition to judicial duties, they carried out administrative duties. With the passage of time from the fifteenth to the seventeenth centuries, the importance of the kadıs serving in the proximity of the center gradually increased, and they undertook more responsibility in administration of justice and of other governmental duties. In this thesis, duties of kadıs were generally discussed, and their duties in court procedure were examined in detail in the light of court records and the Şeyhulislams’ fetvas of mainly seventeenth century. Stages in hearing of legal cases, transfer of cases and annulment of judgment are specific subjects examined in this thesis. It can be suggested that Ottoman court procedure had pre-determined rules, which were designed to prevent partiality in court.