Shari'ah Courts and Shari'ah Records: The Application of Islamic Law in the Ottoman State

in Islamic Law and Society
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Abstract

This essay addresses the Shari'ah courts and Shari'ah records within the broader framework of the application of Islamic law in the Ottoman state. We first explore historical developments before and after Tanzimat as well as a number of developments in the legal guidelines for the preservation of the Shari'ah records. A concise summary is given of the Shari'ah courts, qadis, and the judiciary, including the shaikhu islam and qadaskar. Section two reviews the Shari'ah records, with special attention to the sijil, mahdar, sakk, and hujjah deeds. This section also examines judicial decrees, including their definition, arrangement, qualities, types and models. Linked to this is a discussion of a number of interesting documents in the Shari'ah courts and the Shari'ah records, including ma'ruz and murasalah, as well as documents from other offices that are registered in the records.

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