Kitābet (Mükātebe) Contract in Islamic Law and Ottoman Practice

Title Kitābet (Mükātebe) Contract in Islamic Law and Ottoman Practice
Author Fatma Kuru
Subject Liberty, Ottoman Empire, Slavery
Type Book
Language ara,tur
Digital Yes
Manuscript No
Library: Royal Danish Library
Library Asset ID ISSN: 1301-0522, DOI: 10.33227/auifd.1297359
Record ID cdi_doaj_primary_oai_doaj_org_article_98e58c23c4c640c4b2996014a6aacd09
Library Location DOAJ Directory of Open Access Journals, Alma/SFX Local Collection
Notes Kitābet (mukātebe) contract is one of the slave emancipation procedures accepted by Islamic law. With this contract, the slave becomes obliged to pay a price to his master, which can be goods or benefits, and if he pays the price, he becomes free. He remains a slave until the price is paid. However, it is subject to free rules in some matters. As a matter of fact, he acquires ownership over his earnings and becomes capable of making some savings. If he cannot pay the price, he returns to slavery. Meanwhile, his status is called mukāteb slave. The roads leading to the freedom of the mukāteb were tried to be opened as much as possible. As a matter of fact, aid to the mukātab through zakat and alms was encouraged, and a tolerant attitude was adopted in matters that could harm the validity of the kābat contract. Ultimately, the contract of scripture found a wide field of application both in the early periods of Islam and in later periods. One of these fields was the Ottoman Empire. In this article, the theoretical background of the book contract is presented, mainly in the Ḥanefī sect, and then the Ottoman practice, which is its manifestation, is included. Special issues have been explained. Examples from the periods before the formation of sects are also included. Theory and practice are discussed together to ensure subject integrity.
Görüntüle Ankara Üniversitesi İlâhiyat Fakültesi dergisi, 2023-11, Vol.64 (2), p.407-440
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Royal Danish Library - Ottoman library catalog search Royal Danish Library

Kitābet (Mükātebe) Contract in Islamic Law and Ottoman Practice

Author Fatma Kuru
Subject Liberty, Ottoman Empire, Slavery
Type Book
Language ara,tur
Digital Yes
Manuscript No
Library Royal Danish Library
Library Asset ID ISSN: 1301-0522, DOI: 10.33227/auifd.1297359
Record ID cdi_doaj_primary_oai_doaj_org_article_98e58c23c4c640c4b2996014a6aacd09
Library Location DOAJ Directory of Open Access Journals, Alma/SFX Local Collection
Notes Kitābet (mukātebe) contract is one of the slave emancipation procedures accepted by Islamic law. With this contract, the slave becomes obliged to pay a price to his master, which can be goods or benefits, and if he pays the price, he becomes free. He remains a slave until the price is paid. However, it is subject to free rules in some matters. As a matter of fact, he acquires ownership over his earnings and becomes capable of making some savings. If he cannot pay the price, he returns to slavery. Meanwhile, his status is called mukāteb slave. The roads leading to the freedom of the mukāteb were tried to be opened as much as possible. As a matter of fact, aid to the mukātab through zakat and alms was encouraged, and a tolerant attitude was adopted in matters that could harm the validity of the kābat contract. Ultimately, the contract of scripture found a wide field of application both in the early periods of Islam and in later periods. One of these fields was the Ottoman Empire. In this article, the theoretical background of the book contract is presented, mainly in the Ḥanefī sect, and then the Ottoman practice, which is its manifestation, is included. Special issues have been explained. Examples from the periods before the formation of sects are also included. Theory and practice are discussed together to ensure subject integrity.
Görüntüle Ankara Üniversitesi İlâhiyat Fakültesi dergisi, 2023-11, Vol.64 (2), p.407-440
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