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The
kanun refer to situational decisions that are not covered by the
Shari'ah . Even though the Shari'ah provides all necessary laws,
it's recognized that some situations fall outside their parameters.
In Islamic tradition, if a case fell outside the parameters of the
Shari'ah , then a judgement or rule in the case could be arrived
at through analogy with rules or cases that are covered by the Shari'ah
. This method of juridical thinking was only accepted by the most
liberal school of Shari'ah , Hanifism, so it is no surprise that
Hanifism dominated Ottoman law.
The Ottomans, however, elevated kanun into an
entire code of laws independent of the Shari'ah . The first two
centuries of Ottoman rule, from 1350 to 1550, saw an explosion of
kanun rulings and laws, so that by the beginning of the sixteenth
century, the kanun were a complete and independent set of laws that
by and large were more important than the Shari'ah . This unique
situation was brought about in part because of the unique heritage
of the Ottomans. In both Turkish and Mongol traditions, the imperial
law, or law pronounced by the monarch, was considered sacred. They
even had a special word for it: the Turks called it Türe and
the Mongols called it Yasa . In the system of Türe and Yasa
, imperial law was regarded as the essential and sacred foundation
of the empire. When this tradition collided with the Islamic Shari'ah
tradition, a compromised system combining both was formed.
The Sultanic laws were first collected
together by Mehmed the Conqueror. Mehmed divided the kanun into
two separate sets or laws. The
first set dealt with the organization of government and the military,
and the second set dealt with the taxation and treatment of the
peasantry. The latter group was added to after the death of Mehmed
and the Ottoman kanun pretty much crystallized into its final form
in 1501. Suleyman, for his part, revised the law code, but on the
whole the Suleyman code of laws is pretty identical to the 1501
system of laws. However, it was under Suleyman that the laws took
their final form; no more revisions were made after his reign. From
this point onwards, this code of laws was called, kanun-i 'Osmani
, or the "Ottoman laws."
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