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Zusatztext Taylor boldly reinterprets the foundational relationship among land/property rights, law/legal authorities and sovereignty in the Ottoman Empire. This ambitious, lucid and compact study recasts peasant cultivators as holding a “bundle of property rights” that slowly “trickled up” to model property rights among the highest-ranking property holders in the empire by the eighteenth century, enduring through land law reforms in the nineteenth. Whether accepted or challenged, Taylor’s reconceptualization of the Ottoman agrarian state and society offers a fulcrum for rethinking the entire history of the empire._____________________________ Informationen zum Autor Malissa Taylor is Assistant Professor of Middle Eastern Studies in the Department of Judaic and Near Eastern Studies, University of Massachusetts Amherst, USA. Klappentext Using Arabic and Ottoman Turkish sources drawn from three genres of legal text, this book is the first full-length study in decades to investigate the evolution of Ottoman land law from its "classical" articulation in the sixteenth century to its reformulation in the 1858 Land Code. The book demonstrates that well before the nineteenth century the tradition of Ottoman land tenure law had developed an indigenous form of property right that would remain intact in the Land Code. In addition, the rising consensus of the jurists that the sultan was the source of the land law paved the way for the wider legislative authority that the Ottoman state would increasingly assert in the Tanzimat period of reform. Demonstrating the profound and ongoing adaptation of a legal tradition that was at once both Ottoman and Islamic, it revises our understanding of the relationship between the modern Islamic world and its early modern past, and what kind of intervention was represented by reform in the 19th century. Vorwort A history of the 16th-century land law and its influence on the development of property rights in the Ottoman Empire Zusammenfassung Using Arabic and Ottoman Turkish sources drawn from three genres of legal text, this book is the first full-length study in decades to investigate the evolution of Ottoman land law from its “classical” articulation in the sixteenth century to its reformulation in the 1858 Land Code. The book demonstrates that well before the nineteenth century the tradition of Ottoman land tenure law had developed an indigenous form of property right that would remain intact in the Land Code. In addition, the rising consensus of the jurists that the sultan was the source of the land law paved the way for the wider legislative authority that the Ottoman state would increasingly assert in the Tanzimat period of reform. Demonstrating the profound and ongoing adaptation of a legal tradition that was at once both Ottoman and Islamic, it revises our understanding of the relationship between the modern Islamic world and its early modern past, and what kind of intervention was represented by reform in the 19th century. Inhaltsverzeichnis IntroductionSourcesHarmonization and SovereigntyProperty: Bundles and Layers1. Lifelong tasarruf , Land Tenure Practices, and Law over the longue durée Ottoman territories and varieties of tenure for the military class Cultivator Tenure and its legal Systemization Military fiscal change and land tenure Land tenure rights trickle up The Old and the New2. Conquering a New Terrain: Establishing the Sultan’s Legislative AuthorityTexts and Contexts “Preserved in the Bayt al-Mal”: Acquiring Land for the Treasury “Neither Tithe nor Kharaji ”: The Status of the Land for Transaction and TaxBuilding a coherent lawConclusion3. Canonical Voices: Discretion and analogy in the formation of the harmony tradition of land tenureContexts of the TextPir Mehmed and Sultanic Latit...
