Vows as Contract in Ottoman Public Life (17th-18th centuries)
Abstract Starting sometime in the seventeenth century, vows (nezir, Ar. nadhr) began to be used in the central lands of the Ottoman Empire as a means to seal contracts of a public nature. Although these vows were similar to the more common and older forms of customary compacts that also pertained to...
| 主要作者: | |
|---|---|
| 格式: | 电子 文件 |
| 语言: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | 载入...
|
| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| 出版: |
Brill
2011
|
| In: |
Islamic law and society
Year: 2011, 卷: 18, 发布: 1, Pages: 85-115 |
| Further subjects: | B
LEGAL CENTRALIZATION
B CUSTOM B CONTRACT B Oaths B Ottoman Empire B Vows |
| 在线阅读: |
Volltext (JSTOR) Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
| 总结: | Abstract Starting sometime in the seventeenth century, vows (nezir, Ar. nadhr) began to be used in the central lands of the Ottoman Empire as a means to seal contracts of a public nature. Although these vows were similar to the more common and older forms of customary compacts that also pertained to public matters, vows had a better defined status in sharia and could entail worldly liability in addition to moral/religious obligation. Using court records and fatwa collections, I argue that vows exemplified the expansion of legality and control of the state over custom and morality, as well as the recognition of a customary device of contract and its penetration into the legal sphere. On a secondary level, I also provide new material on contemporary political culture and the question of legal pluralism in the Ottoman context. |
|---|---|
| ISSN: | 1568-5195 |
| Contains: | Enthalten in: Islamic law and society
|
| Persistent identifiers: | DOI: 10.1163/156851910X517065 |