Balkan Conquests and Istimalet Policy in the Remaking of the Ottoman Law
OSMANLI HUKUKUNUN YENİDEN ÜRETİMİNDE BALKAN FETİHLERİ VE İSTİMÂLET POLİTİKASI

Author : -Murat TUĞLUCA
Number of pages :

Abstract

It is known that legal regulations were made at various areas where Sharia allowed in Islam Statesbased on Islamic Law. Undoubtedly, it is the Ottoman Empire that takes the lead among the stateshaving applied these kinds of regulations most widely throughout history. Especially, the legalregulations that were put into effect according to needs during the conquest period had a direct effectupon the remaking process of law. As known to all, an important portion of Ottoman conquests werethrough West, non-Islamic lands. Some legal rules of these societies before the conquest remained ineffect after the conquest, especially the ones related with tax system. By this way, the law of oldBalkan States became a part of the Ottoman law system in part. From this point, we can claim thatconquests of Balkans and Europe had an effect upon the remaking process of Ottoman law. Thisprocess did not take place in an independent way from the local people. In some regions, local peopletook part in the process of preparing a Kanunname (Lawbook) related with tax. The effect of theOttoman’s Istimalet policy (the policy followed by Ottoman in conquered regions in which non-Islamic peoples of these lands are approached with a tolerance and kindness in order to attract thesepeoples to the authority) is great in making the people participate in this process. In this study, theeffect of Balkan conquests and Istimalet policy upon the remaking process of Ottoman

Keywords

Ottoman law, Balkan conquests, istimalet policy, remaking of Ottoman law

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