Sultan's Law and Islamic Sharia in The Ottoman Empire Court: An Analysis of The Existence of Secular Law

MakaleAçık Erişim

Özet

This article aims to describe the impact of legal dualism within the Ottoman Empire. After Constantinople was taken over, Sultan Muhammad Al-Fatih instituted a significant policy, including issuing laws and regulations for the benefit of society; then, there was also a dualism system within the Ottoman Empire, which was visible during the reign of Sultan Sulaiman I. During this time, foreign nationals were mainly recruited, and foreign traders began to gain impunity at the peak of power. This then prompted several questions, such as were the sultans free to create the laws they wanted, or was Islamic law still binding on them? Was Sultan's law an innovation from the Ottoman Empire or a legacy from the preceding dynasty in the form of Capitulation? To address those issues, the authors conducted a comparative historical analysis of various types of literature. We used a descriptive qualitative approach to Qānūn's position, which served as a springboard for foreign intervention in an Empire that was strong but weak in political policies which occasionally strayed outside the corridor of Islamic Sharia which had become customary and national culture. The tolerance separated from the corridors of Islam derailed during the crisis. This became a springboard for legal dualism in a state body with integrity in various dimensions.

Anahtar Kelimeler

RDL Kalıcı Bağlantı (PID)
https://rdlopen.rawdatalibrary.net/r/gumushane/12677Resmi atıflarda kullanılan kalıcı adres
DOI
https://doi.org/10.29240/jhi.v8i1.4908Yayıncı resmi DOI adresi
Tam Kayıt
AlanDeğerDil
dc.contributor.authorFatarib, Husnul
dc.contributor.authorMeirison
dc.contributor.authorSaharuddin, Desmadi
dc.contributor.authorBahar, Muchlis
dc.contributor.authorKarimullah, Suud Sarim
dc.date.accessioned2026-10-22T10:20:24.260720952Z
dc.date.available2026-10-22T10:20:24.260720952Z
dc.date.issued2023
dc.description.abstractThis article aims to describe the impact of legal dualism within the Ottoman Empire. After Constantinople was taken over, Sultan Muhammad Al-Fatih instituted a significant policy, including issuing laws and regulations for the benefit of society; then, there was also a dualism system within the Ottoman Empire, which was visible during the reign of Sultan Sulaiman I. During this time, foreign nationals were mainly recruited, and foreign traders began to gain impunity at the peak of power. This then prompted several questions, such as were the sultans free to create the laws they wanted, or was Islamic law still binding on them? Was Sultan's law an innovation from the Ottoman Empire or a legacy from the preceding dynasty in the form of Capitulation? To address those issues, the authors conducted a comparative historical analysis of various types of literature. We used a descriptive qualitative approach to Qānūn's position, which served as a springboard for foreign intervention in an Empire that was strong but weak in political policies which occasionally strayed outside the corridor of Islamic Sharia which had become customary and national culture. The tolerance separated from the corridors of Islam derailed during the crisis. This became a springboard for legal dualism in a state body with integrity in various dimensions.
dc.identifier.doi10.29240/jhi.v8i1.4908
dc.identifier.endpage134
dc.identifier.issn2548-3374
dc.identifier.issue1
dc.identifier.scopus2-s2.0-85164194854
dc.identifier.startpage117
dc.identifier.urihttps://rdlopen.rawdatalibrary.net/r/gumushane/12677
dc.identifier.volume8
dc.language.isoen
dc.publisherState Institute for Islamic Studies Curup
dc.relation.ispartofAl-Istinbath: Jurnal Hukum Islam
dc.rightsinfo:eu-repo/semantics/openAccess
dc.subjectJudiciary
dc.subjectOttoman Empire
dc.subjectSharia
dc.subjectSultan's Law
dc.titleSultan's Law and Islamic Sharia in The Ottoman Empire Court: An Analysis of The Existence of Secular Law
dc.typeArticle
dspace.entity.typePublication
rdl.citation.scopus5
rdl.oa.statusgold
rdl.oa.urlhttps://journal.iaincurup.ac.id/index.php/alistinbath/article/download/4908/pdf
rdl.scopus.quartileQ1
rdl.source.indexSCOPUS