Pluralistic Methodologies in Islamic Legal Historiography

By Metin M. Coşgel (University of Connecticut) & Boğaç A. Ergene (University of Vermont) This essay is part of the Islamic Law Blog’s Roundtable on Islamic Legal History & Historiography, edited by Intisar Rabb (Editor-in-Chief) and Mariam Sheibani (Lead Blog Editor), and introduced with a list of further readings in the short post by Intisar … Continue reading Pluralistic Methodologies in Islamic Legal Historiography

Action Verbs and the Logic of Egyptian Ottoman Court Decisions

By Omar Farahat This is the second of two posts that discuss sixteenth-century Egyptian Ottoman court records. In the first post, I offered translations of three decisions and briefly explained their context. In this post, I provide some reflections on the structure of those records and its implications. The structure of a court judgment typically … Continue reading Action Verbs and the Logic of Egyptian Ottoman Court Decisions

Translations of Three Tenth/Sixteenth Century Egyptian Ottoman Court Decisions

By Omar Farahat This is the first of two posts that discuss sixteenth-century Egyptian Ottoman court records. In this post, I offer translations of three decisions and briefly explain their context. In the second post, I will provide some reflections on the structure of those records and its implications. This post includes translations of three … Continue reading Translations of Three Tenth/Sixteenth Century Egyptian Ottoman Court Decisions

Weekend Scholarship Roundup

Through the writings of eminent classic and contemporary Islamic jurists, Ayesha Shahid explores the development of As-Siyar (Islamic international law) within the Islamic legal tradition in "An Exploration of the ‘Global’ History of International Law: Some Perspectives from within the Islamic Legal Traditions," International Law and Islam. The author attempts to address the existing gaps in the global history of the … Continue reading Weekend Scholarship Roundup

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