Citation:
Thesis Type:
PhD dissertationAbstract:
This dissertation studies the use of legal institutions provided by the Islamic state in the resolution of intracommunal disputes and in the registration of legal transactions among Christians and Jews in late seventeenth century Istanbul. While being the capital city of an Islamic Empire, Ottoman Istanbul in the 1680s and 90s was home to roughly 250,000 Christians and Jews who shared the city with an equal number of Muslims. Even though Islamic law allowed Christians and Jews as dhimmis to resolve most intracommunal legal disputes before an autonomous legal tribunal operated by their respective religious community, many dhimmis forfeited this privilege and preferred to resort instead to legal institutions operated by the Islamic state.
This study examines the voluntary use by dhimmis of three forms of dispute resolution provided by the Islamic state. In addition to the use of the ordinary justice system administered by the qadi of a sharica court, two thus far largely ignored forms of conflict resolution will be considered: the extraordinary justice system of the Imperial Council (divan-i hüm ayun), and the amicable settlement of disputes (sulh).
Based primarily on Ottoman archival documents, namely the shari‘a court records of Galata and Hasköy, the complaints registers of the divan (şikayet defterleri), and on the fatwa collections of the sheikh ul-Islams of the period, this study explores with regard to non-Muslims a local manifestation of Islamic law rather than its textbook version provided in the doctrinal works of Islamic jurisprudence. While sharing the same legal status of dhimmi, the use of Islamic legal institutions varied greatly between Orthodox Christians, Armenians and Jews according to religion, gender or function within their community. Furthermore, this thesis shows that Istanbul's dhimmis exercised a remarkable degree of agency with regard to (1) the choice of court, (2) the decision on the form of conflict resolution, and (3) through their approach to the chosen legal process.