Weekend Scholarship Roundup

Maryam Saeed discusses the constraints in Islamic insurance (takāful) and its impact on the performance of takāful operators in "Challenges of Islamic Insurance (Takaful) Globally," COMSATS Journal of Islamic Finance, 2019. (This article was also featured in this week's issue of SSRN’s Islamic Law & Law of the Muslim World eJournal). In "Islamic Financial Intermediation of Indonesian Economic … Continue reading Weekend Scholarship Roundup

Islamic Law & Law of the Muslim World eJournal: August 23

SSRN's logo featuring the letters "S" "S" "R" "N" in capital letters

This week’s issue of SSRN’s Islamic Law & Law of the Muslim World eJournal includes: "Economic Harbingers of Political Modernization: Peaceful Explosion of Rights in Ottoman Istanbul" by Asli Cansunar and Timur Kuran This paper ascribes a fundamental role to prior shifts in wealth toward non-Muslims and away from conservative groups, including Muslim clerics. These shifts, all under way in … Continue reading Islamic Law & Law of the Muslim World eJournal: August 23

Recent Scholarship: Coşgel and Ergene on Ottoman Justice

The Economics of Ottoman Justice: Settlement and Trial in the Sharia Courts by Metin Coşgel, University of Connecticut and Boğaç Ergene, University of Vermont published. From the publisher: "During the seventeenth and eighteenth centuries, the Ottoman Empire endured long periods of warfare, facing intense financial pressures and new international mercantile and monetary trends. The Empire also experienced major political-administrative restructuring and socioeconomic transformations. … Continue reading Recent Scholarship: Coşgel and Ergene on Ottoman Justice

Commentary :: Did Republican Turkey Really Abolish the Ottoman Caliphate? The Curious Case of Law No. 431

By Cem Tecimer Summary and context: In 1924, Turkey abolished the Ottoman Caliphate through a statute numbered 431, or Law No. 431. The construction of the statute was somewhat ambiguous in that it stated that the Caliphate was abolished because that institution was inherent to the State and the Republic, thus almost justifying its abolishment … Continue reading Commentary :: Did Republican Turkey Really Abolish the Ottoman Caliphate? The Curious Case of Law No. 431

Recent Scholarship: Smiley on the Ottoman Empire, Russia, and International Law

Public Domain: Parkhet P.P. (1907 - 1986)

A new book by Will Smiley (Reed College), From Slaves to Prisoners of War: The Ottoman Empire, Russia, and International Law (Oxford University Press, Nov. 2018), examines the origins of the concept of the “prisoner of war” in the Ottoman Empire, telling the story of an alternate path to the rules of modern international law. … Continue reading Recent Scholarship: Smiley on the Ottoman Empire, Russia, and International Law

Recent Scholarship: New Book on Ottoman Legal System

Forms and Institutions of Justice: Legal Actions in Ottoman Contexts, edited by Yavuz Aykan and Işık Tamdoğan This volume examines the concept of "justice" across different times and places that were under Ottoman rule. It challenges the unitary conception of an "Ottoman Justice" and the legal and procedural dominance accorded the kadi in Ottoman historiography. … Continue reading Recent Scholarship: New Book on Ottoman Legal System

Harvard Worldwide Week Event: SHARIAsource Book Talk :: From Slaves to Prisoners of War

On October 22nd, Professor Will Smiley of the University of New Hampshire spoke to a group of twenty-three students, professors, and scholars on his new book From Slaves to Prisoners of War: The Ottoman Empire, Russia, and International Law (Oxford University Press, 2018). The book takes a look at the independent evolution of a recognizable … Continue reading Harvard Worldwide Week Event: SHARIAsource Book Talk :: From Slaves to Prisoners of War

SHARIAsource Lunch Talk :: A Gentleman and a Scholar: Profile of an Ottoman Judge in the Late Sixteenth Century

SHARIAsource guest lecturer Amir Toft presented to a group of twelve students and scholars on “A Gentleman and a Scholar: Profile of an Ottoman Judge in the Late Sixteenth Century” during the May 1st ILSP: SHARIAsource Lunch Talk. Toft is a 2017-2018 Research Fellow in the Abdallah S. Kamel Center for the Study of Islamic … Continue reading SHARIAsource Lunch Talk :: A Gentleman and a Scholar: Profile of an Ottoman Judge in the Late Sixteenth Century

Historical Primary Sources: A Petition to the Ottoman Sultan from Egypt, 1155 AH (1742-3)

In this post, Dr. James Baldwin examines a petition sent to the Ottoman Sultan from Egypt in 1155 AH (1742-3), concerning a dispute between a Muslim and a Christian in the town of Zifta. The Muslim petitioner attempts to enforce the regulation of the Pact of 'Umar that forbids non-Muslims from having houses taller than … Continue reading Historical Primary Sources: A Petition to the Ottoman Sultan from Egypt, 1155 AH (1742-3)

Historical Primary Sources: A Legal and Diplomatic Justification of the Ottoman Declaration of War Against Russia, 1768

This document is a beyānnāme, or declaration, sent by the Ottoman reʾīsül-kuttāb (chief scribe) to Britain's ambassador to the Ottoman Empire, justifying the Ottoman declaration of war on Russia by explaining Russia's violation of treaty obligations. The document gives insight into eighteenth-century Ottoman attitudes to international law and its relationship with Islamic law. Contributed by … Continue reading Historical Primary Sources: A Legal and Diplomatic Justification of the Ottoman Declaration of War Against Russia, 1768