Capitulations And The Ottoman Legal System: Qadis,consuls by Maurits H. van den Boogert

By Maurits H. van den Boogert

Pre-modern Western resources in general declare that eu mercantile groups within the Ottoman Empire loved criminal autonomy, and have been hence successfully proof against Ottoman justice. whilst, they record quite a few disputes with Ottoman officers over jurisdiction (“avanias”), which turns out to contradict this declare, the discrepancy being thought of evidence of the capriciousness of the Ottoman felony process. glossy reports of Ottoman-European kinfolk during this interval have tended uncritically to simply accept this interpretation. Readership: All these drawn to felony heritage, the historical past of Islamic legislations, the heritage of the Ottoman Empire, the heritage of European-Ottoman relatives, in addition to historians of the center East regularly.

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Additional info for Capitulations And The Ottoman Legal System: Qadis,consuls And Beraths In The 18th Century (Studies in Islamic Law and Society) (Studies in Islamic Law and Society)

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381/1649, 12 Cemaziyelevvel 1176/29 November 1762, marginal note of the same date (Dutch vice-consul in Negropont); ED 35/1, 86/224, 14 Cemaziyelahir 1153/7 August 1740, marginal note of the same date (English vice-consul in Chios). 24 BOA, ED 27/2, 169/806, beginning }evval 1221/12–21 December 1806 (Salonica); 169/807, 3 Cemaziyelevvel 1221/19 July 1806 (Yanina and Narda); 169/809, end Cemaziyelevvel 1221/6–15 August 1806 (Izmir). Eleven more entries were crossed out on these pages of the register.

He was entitled to assistance from the beyliks of Mente{e and Aydın, if he needed it. Any claims from Turks against Latins should be addressed to the consul’s court, or to the second type Fleet describes, the Genoese courts in Chios, which Turks occasionally turned to with claims against Genoese subjects. Thirdly, she has found evidence of Turkish courts ruling on complaints from Latins against Turks. Finally, and most surprisingly, Fleet has found evidence of mixed courts, a phenomenon most people associate exclusively with the nineteenth century.

It was also in the Porte’s power to revoke these documents, collectively or individually. 18 The capitulations were granted on the condition that the beneficiaries honoured their promise to maintain peaceful relations with the Ottoman Empire. The most serious violations of this pledge of peace generally occurred at the hands of privateers, who commonly had little regard for the laws and international agreements within which they were supposed to operate. 19 However, piracy seldom led to a breakdown of diplomatic relations, something that only happened when war broke out.

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