The Legitimacy Paradigm of the Ottoman Commercial Code: ʿUlamāʾ and Interest

Name: The Legitimacy Paradigm of the Ottoman Commercial Code: ʿUlamāʾ and Interest
Author: İlknur Yaşar Bilicioğlu

İsim	The Legitimacy Paradigm of the Ottoman Commercial Code: ʿUlamāʾ and Interest
Yazar	İlknur Yaşar Bilicioğlu
Konu	Interest
Tür	Kitap
Dil	ara,eng
Dijital	Evet
Yazma	Hayır
Kütüphane:	Danimarka Kraliyet Kütüphanesi
Demirbaş Numarası	EISSN: 2717-6967, DOI: 10.26650/iuitd.2023.1219110
Kayıt Numarası	cdi_doaj_primary_oai_doaj_org_article_317bde2534104f6aa8af944e05cb9c89
Lokasyon	DOAJ Directory of Open Access Journals
Notlar	One of the critical points in Ottoman modernization involved the Commercial Code of Berriye of 1850, because this code formed the first of the texts the authorized board adopted as an exemplary source of foreign law and indigenized within the context of its own terms and needs. The number of independent studies on the Commercial Code is not high. In most of them, the sharʿī ground of the Law was not sufficiently revealed, and it was claimed that the ʿulamāʾ were dissidents because of the acceptance of the law as the product of external pressure. The articles containing interest have been used as one of the grounds for the argument of opposition to theʿulamāʾ without adequate examination. However, the ʿulamāʾ always existed at a certain level in the assemblies that planned and implemented the Tanẓīmāt reforms. Commercial law is the key to the Western theory of interest in Ottoman law. This article will first refer to the role of the codification procedure in ensuring legislative compliance with the Sharīʿa and then evaluate the archival material regarding the enactment procedures of commercial law in the context of the ʿulamāʾ’s contributions. In addition, the article will connect the paradigm of legitimacy, which had taken on legal official language through the ʿulamāʾ’s contributions, with the legal commercial conditions of the period. Finally, the study will briefly touch upon the theoretical background of how the concepts of interest and guzishta occurred in commercial law despite the ban on ribā that had been applied in Ottoman law as one of the basic principles of Sharīʿa law. The study will also determine how the legitimacy problem had been overcome in the context of the ʿulamāʾ’s contributions.
Görüntüle	İslam tetkikleri dergisi, 2023-03, Vol.13 (1), p.115-142

Kaynağa git Danimarka Kraliyet Kütüphanesi Royal Danish Library

Aramaya Dön

Danimarka Kraliyet Kütüphanesi

Kaynağa git

The Legitimacy Paradigm of the Ottoman Commercial Code: ʿUlamāʾ and Interest

Yazar İlknur Yaşar Bilicioğlu

Konu Interest

Tür Kitap

Dil ara,eng

Dijital Evet

Yazma Hayır

Kütüphane Danimarka Kraliyet Kütüphanesi

Demirbaş Numarası EISSN: 2717-6967, DOI: 10.26650/iuitd.2023.1219110

Kayıt Numarası cdi_doaj_primary_oai_doaj_org_article_317bde2534104f6aa8af944e05cb9c89

Lokasyon DOAJ Directory of Open Access Journals

Notlar One of the critical points in Ottoman modernization involved the Commercial Code of Berriye of 1850, because this code formed the first of the texts the authorized board adopted as an exemplary source of foreign law and indigenized within the context of its own terms and needs. The number of independent studies on the Commercial Code is not high. In most of them, the sharʿī ground of the Law was not sufficiently revealed, and it was claimed that the ʿulamāʾ were dissidents because of the acceptance of the law as the product of external pressure. The articles containing interest have been used as one of the grounds for the argument of opposition to theʿulamāʾ without adequate examination. However, the ʿulamāʾ always existed at a certain level in the assemblies that planned and implemented the Tanẓīmāt reforms. Commercial law is the key to the Western theory of interest in Ottoman law. This article will first refer to the role of the codification procedure in ensuring legislative compliance with the Sharīʿa and then evaluate the archival material regarding the enactment procedures of commercial law in the context of the ʿulamāʾ’s contributions. In addition, the article will connect the paradigm of legitimacy, which had taken on legal official language through the ʿulamāʾ’s contributions, with the legal commercial conditions of the period. Finally, the study will briefly touch upon the theoretical background of how the concepts of interest and guzishta occurred in commercial law despite the ban on ribā that had been applied in Ottoman law as one of the basic principles of Sharīʿa law. The study will also determine how the legitimacy problem had been overcome in the context of the ʿulamāʾ’s contributions.

Görüntüle İslam tetkikleri dergisi, 2023-03, Vol.13 (1), p.115-142