Download Capitulations And The Ottoman Legal System: Qadis,consuls by Maurits H. van den Boogert PDF

By Maurits H. van den Boogert

ISBN-10: 1429427965

ISBN-13: 9781429427968

ISBN-10: 9004140352

ISBN-13: 9789004140356

Pre-modern Western assets in most cases declare that ecu mercantile groups within the Ottoman Empire loved criminal autonomy, and have been hence successfully proof against Ottoman justice. while, they document quite a few disputes with Ottoman officers over jurisdiction (“avanias”), which turns out to contradict this declare, the discrepancy being thought of evidence of the capriciousness of the Ottoman felony approach. sleek experiences of Ottoman-European relatives during this interval have tended uncritically to simply accept this interpretation. Readership: All these attracted to felony heritage, the heritage of Islamic legislations, the heritage of the Ottoman Empire, the heritage of European-Ottoman relatives, in addition to historians of the center East in most cases.

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Additional resources 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)

Example text

They were allowed to sequester inheritances of countrymen who had died in the Levant without leaving a will and to arrange for them to be consigned to the heirs. The ambassadors and consuls also had notary powers, enabling them to register contracts, witness statements, bills of lading, wills, and other such documents that were important for the merchants, factors and captains. These documents had the same legal validity as documents drawn up in France, Great Britain or the Dutch Republic, provided they were signed and the chancellor registered them properly in the presence of witnesses.

The ambassadors and consuls also had notary powers, enabling them to register contracts, witness statements, bills of lading, wills, and other such documents that were important for the merchants, factors and captains. These documents had the same legal validity as documents drawn up in France, Great Britain or the Dutch Republic, provided they were signed and the chancellor registered them properly in the presence of witnesses. In matters of criminal law ambassadors and consuls had very limited authority.

In the eyes of the Westerners the ahdnames were superior to any other “law of the land”. 7 Despite the fact that this order was undoubtedly meant to reinforce particular privileges, taken out of context it appeared to confirm the Europeans’ ideas about the primacy of the capitulations. At the same time the foreigners frequently solicited the issue of Ottoman decrees that amended and extended their privileges. Confirmations of existing privileges were also important, because their implementation by provincial and local authorities often depended on them.

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