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image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Marmara University O...arrow_drop_down
image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao
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FRATRICIDE IN OTTOMAN LAW

FRATRICIDE IN OTTOMAN LAW

Abstract

This paper considers fratricide in the Ottoman Empire from the Islamic/Ottoman Law viewpoint. The established Turkish political tradition, which is based on the fact that the ruling power is a common patrimony of the members of the dynasty, gave rise to disastrous results in the early period of the Ottoman Empire. Since a strict succession system was not imposed during that early period of the Ottoman State, it would be the destiny of a shahzadah (prince) which would determine his fate in becoming the next sultan. This resulted in infighting amongst the shahzadahs. Revolting against the sultan or even planning to revolt are crimes according to Islamic/Ottoman law The execution of those members of the dynasty who had not taken part in a revolt was legislated by the Code of Sultan Mehmed the Conqueror, which was based on the sovereign right of the sultan accorded by Islamic Law (Orfi Hukuk). Relying on the principle of maslaha (common benefit) in Islamic law, some of the Ottoman scholars permitted fratricide as well. According to this principle, when facing two potential outcomes, the lesser of two evils is preferred. Some of the modern researchers consider this justification invalid. According to them, the execution of shahzadahs who have not taken part in a revolt is politically correct, but contrary to Islamic law The main contribution of this paper is to deal with the fratricide from the point of view of Islamic law by utilizing traditional legal texts and to addess to underlying Islamic legal principles behind fratricide application and what legal evidence the 'ulema, (Ottoman scholars) based their judgment on.

Country
Turkey
Related Organizations
Keywords

maslaha, common benefit, Kanunname-i Al-i Osman, ulash, nizam-i 'alem, ta'zeer, rebellion, succession, Code of Sultan Mehmed the Conqueror, baghy, siyasah, seniorat, Ottoman Law, Islamic Law, primogenitur, sai bi al-fasad, shahzadah, revolt, siyaseten qatl, orfi hukuk, khuruj ala al-sultan

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Fields of Science
Fields of Science
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