The evolution of Kânûnnâme writing in the 16th and 17th century- Ottoman Empire : a comparison of Kânûn-i 'Osmânî of Bayezid II and of Kânûnnâme-i Cedîd

Abstract

This thesis aims to analyze the changes in the concept of kânûnnâme in the Ottoman Empire from the 16th till the late 17th century. The kânûnnâme, an „urfî code of laws issued by the authority of the sultan, is one of the key factors in order to understand the nature of the Ottoman Law. By the late 17th century, the word kânûnnâme gained a new definition with the inclusion of the şer„î law. The kânûnnâme of Bayezid II, is an example of the urf„î law. However, after the times of Bayezid II, the field of urf„î law, especially the land law, was going to be explained by the terms of şerʻî law. Kânûnnâme-i Cedîd is most likely an example of a land code which combines urf„î law and şer„î law. This thesis aims the fulfillment of three objectives: This first objective is to analyze the technical and legal aspects of the kânûnnâmes written from the times of Bayezid II till 1674 which is the date of fermân included in the end of many versions of Kânûnnâme-i Cedîd. The possible reasons behind this evolution will be examined in this part. Second object is to compare the Kânûnnâme of Bayezid II and Kânûnnâme-i Cedîd in order to understand the practical result of the evolution. The third object is to find the most faithful version of Kânûnnâme-i Cedîd by an attempt of édition critique.