Akademik Veri Yönetim Sistemi
Turkologentag 2018: III European Convention on Turkic, Ottoman & Turkish Studies, Nuremberg, Almanya, 19 - 21 Eylül 2019
The relationship between city and law has never been a popular topic of Islamic legal studies. Researchers generally focused on core legal themes like scholars, the culture of writing, government, and people. They leaned on traditional writing styles like books and fatwa collections. But a new trend is emerging: Researchers enrich their scope of topics and problems, particularly with the help of archival sources and court records. Waqf would be a fertile land of problematics regarding city and law for its density in Islamic legal thought and its significant role in Islamic city. The study of the repair of waqf property presents rich sources to make this theme popular. The main problem I am concerned in this paper is about the relationship between the arguments in Islamic legal texts and the legal mechanism and their possible interaction. My thesis is that the Islamic legal scholars contributing to the doctrine by writing books, treatises, and fatwas had the chance to lead the functioning of legal mechanisms in action by serving as mufti, qadi, or administrators of a waqf in the city. My thesis in this paper is that waqf was the principal tool of public services in Ottoman society, and the application of double leasing (ijaratayn) of waqf property was a substantial part of the physical maintenance and functioning of the city proper.