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, Türkiye, 20 - 22 Nisan 2016

  • Basıldığı Şehir: İstanbul
  • Basıldığı Ülke: Türkiye

Özet

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 and in particular the debates over istibdal (that is, the exchange of waqf property). I will look at the repercussions of the debate in eighteenth century Ottoman legal doctrine and in legal cases regarding exchange transactions of waqf property in Istanbul and Balkans, the period that I describe as ‘calm’. Finally, I will conclude by pointing out further directions for research.