Download Governing Property, Making the Modern State: Law, by Martha Mundy, Richard Saumarez Smith PDF

By Martha Mundy, Richard Saumarez Smith

Used to be "modernity" within the heart East purely imported piecemeal from the West? Did Ottoman society rather include islands of class in a sea of tribal conservatism, as has so frequently been claimed? during this groundbreaking new ebook, Martha Mundy and Richard Saumarez Smith draw on over a decade of basic resource examine to argue that, opposite to well known trust, a distinctively Ottoman means of modernization used to be completed via the tip of the 19th century with nice social results for all who lived via it. Modernization touched ladies as in detail as males: the authors' cautious paintings explores the impression of Ottoman felony reforms corresponding to granting ladies equivalent rights to land. Mundy and Saumarez Smith have painstakingly recreated an image of such approaches via either new archival fabric and the testimony of surviving witnesses to the interval. This ebook won't basically have an effect on the way in which we glance at Ottoman society, it is going to swap our realizing of the connection among East, West and modernity.

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Example text

The practice entailed impartible devolution to son(s), itself the pattern for the Part one | 2 devolution of offices, but modified by the end of the sixteenth century to allow, in the absence of a surviving son, a daughter(s) resident in the village to pay the entry-fee for the lot. In short, whereas the practical arrangements governing cultivators in Ottoman administrative law (kanun) corresponded to a subject office or status, the ideological necessity of restricting the category of office to the elite of the Ottoman order rendered the jurisprudential definition of the cultivator’s legal persona doctrinally problematical.

Thus he does not argue, as will his successors in the post of mufti of Damascus, ‘Ali al-‘Imadi (d. 1706) and ‘Abd al-Ghani al-Nabulusi (d. 1731) that the right of mashadd al-maska arises from the cultivator’s labour in clearing, ploughing, fertilizing and working the land. Although al-Ha’ik’s reference to the ten-year rule makes it clear that he writes in the context of wider Ottoman government, he nowhere draws the equivalence that ‘Ali al-‘Imadi does between haqq al-qarar/kirdar and mashadd al-maska.

Abd al-Rahman refuses this outright. But even here the judgment is not in conflict with the kanun since the cultivators fled after destruction of their village by a third party. 82 ‘Ali al-‘Imadi (d. 1706) likewise does not challenge the principles of the kanun directly, but the extreme character of his examples suggests that considerable injustice could arise from the application of such rules. His first fetwa concerns a village abandoned for twenty years: ‘Ali al-‘Imadi denies that the village head (ustadh al-qariya) has the right to return a cultivator to the village by force.

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