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Law, Empire, and the SultanOttoman Imperial Authority and Late Hanafi Jurisprudence$
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Samy A. Ayoub

Print publication date: 2019

Print ISBN-13: 9780190092924

Published to Oxford Scholarship Online: December 2019

DOI: 10.1093/oso/9780190092924.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 14 June 2021

“The Sultan Says”

“The Sultan Says”

Ottoman Sultanic Authority in Late Ḥanafī Jurisprudence

Chapter:
(p.65) 2 “The Sultan Says”
Source:
Law, Empire, and the Sultan
Author(s):

Samy A. Ayoub

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190092924.003.0003

This chapter examines the process by which Ḥanafī jurists in the seventeenth and eighteenth centuries authorized the edicts and orders of the Ottoman sultan as part of their juristic discourse and reasoning. This chapter focuses on the following jurists: Ḥasan b. ʿAmmār al-Shurunbulālī (d. 1659), Shaykh-Zāda (d. 1667), al-Ḥaṣkafī (d. 1677), and Ḥāmid b. ʿAlī al-ʿImādī (d. 1757). This chapter argues that this generation of scholars was the first to incorporate Ottoman state edicts and sultanic orders into Ḥanafī fiqh works. At this point, late Ḥanafī jurisprudence went beyond the established jurisdiction of siyāsa to sanction a legislative role for the sultan.

Keywords:   sultanic authority, imperial edicts, litigation, statute of limitation, imperial orders

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