The Calm After the Storm: Remnants of the Debate over Istibdal (Exchange of Waqf Property) in XVIII Century Ottoman Law


Bursalı O. S.

ANAMED Fellows’ Symposium 2016, İstanbul, Turkey, 20 - 22 April 2016, (Unpublished)

  • Publication Type: Conference Paper / Unpublished
  • City: İstanbul
  • Country: Turkey
  • Marmara University Affiliated: Yes

Abstract

The paper will proceed as follows. First, I will briefly introduce the age of later Islamic law. Then I will take a picture of what I call the legal storm of the fourteenth to sixteenth-century Hanafi law in the context of the law of waqf, particularly the debates over istibdal (the exchange of waqf property). I will look at the repercussions of the discussion in eighteenth-century Ottoman legal doctrine and legal cases regarding exchange transactions of waqf property in Istanbul and the Balkans, the period that I describe as calm. Finally, I will conclude by pointing out further directions for research.