2026/06/25 by Viorel Panaite · 1 voice
paper · doi:10.1093/9780197859025.003.0048
openalex publication_date 2026/06/25 · openalex created_date 2026/06/26 · openalex updated_date 2026/06/26
Professor and Supervisor of the Doctoral School of History In the Ottoman Empire, there were mainly two types of law: (a) religious law (Sharia). This was derived from the Qur’an and the traditions of the Prophet Muhammad, and it governed areas like personal status, family law, and certain aspects of property; (b) a secular law (kanun), which had its origin in custom, jurisprudence, and the regulations or orders of the sultans. Ottoman law was not monolithic but rather a dynamic synthesis of these legal systems. Ottoman sultans, in consultation with legal scholars (ulema), integrated and systematized customary practices into written law codes (kanunnames). These law codes were created to address practical issues of administration, taxation, and criminal law that were not fully detailed in the sacred texts. The legal reforms of Sultan Suleiman I (r. 1520–1566), who was known in his realm as Kanuni (the Lawgiver), were a crucial step in the development of a distinct Ottoman legal system. Islam, like other civilizations (ancient Rome, China, and Western Christianity), established a system of rules and practices to guide and legitimize the interactions between Muslim sovereigns and non-Muslims (individuals, communities, and states). Ottoman “international” law derived from a variety of sources, including Islamic tradition, secular law, peace agreements (ahdname), and international customs. The Islamic component played a significant role in the Ottoman law of nations, influencing Ottoman interactions with non-Muslims. The Ottoman Empire, like any Islamic state, was essentially a theocratic state centered around the sultan. It was important, if not essential, to apply sharia provisions practically or legitimize political actions through legal-religious means. This universalist concept left a lasting impact on various spheres. In the political-military realm, the Ottomans aimed to construct an Imperium mundi under the sultan’s sovereignty. As a diplomatic result, the Ottomans did not adopt a reciprocal system of embassies until the late eighteenth century, and, until the early nineteenth century, there was no formal “ministry” of foreign affairs.