지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
논문 기본 정보
- 자료유형
- 학술저널
- 저자정보
- 저널정보
- 동양사학회 동양사학연구 東洋史學硏究 第123輯
- 발행연도
- 2013.6
- 수록면
- 195 - 236 (42page)
- DOI
- 10.17856/jahs.2013.06.123.195
이용수
이 논문의 연구 히스토리 (2)
- 이 논문의 후속연구가 궁금하신가요?
- 연관 학술논문 또는 학술발표를 통해 보다 발전된 연구결과를 확인하실 수 있습니다.
- 이 논문의 연구 히스토리 확인하기
초록· 키워드
오류제보하기
Despite the familiarity of Ottoman law through the legal sources such as kadi court records (sijill) and legal opinions (fatwa) that are often used for social or political history, it is still quite difficult to fathom the generalshape of the Ottoman legalsystem in the seventeenth and the eighteenth centuries following the Ottoman Classical Period. This paper explores the relations between sharia and kanun in the Ottoman legal system and their changes from the classical period to the post-classical in rough outlines, using mostly secondary materials and some selected kanunnames and fiqh collections.
Both sharia and kanun have been perceived rather essentialistically, the former as unchanging sacred law of Islam and the latter as “secular law.” With these stereotypical perceptions, the conventional wisdom among Ottomanists has been that sharia and kanun were quite contradictory with each other, and that either one of them dominated the other depending on the situation of the time. It was supposed that up to the Classical Period kanun had prevailed, and in the period after sharia ascended and overshadowed kanun. Nevertheless, under closer scrutiny it becomes clear that sharia and kanun complemented each other throughout the Ottoman period.
This paper examines three areas of law application where there seem to have been contradictions between sharia and kanun: namely, those of administration of punishments, governing over non-Muslims, and economic practices. All of the three show in the classical period problematic parts of kanun were either justified in terms of fiqh, glossed over or camouflaged; during the post-classical period sharia could monopolize legitimacy but not all the actual application of the law, which was still largely the territory of kanun as positive law. Both sharia and kanun would seem to haveevolved continuously in close relation to each other and were mutually affected as Haim Gerber has pointed out.
Both sharia and kanun have been perceived rather essentialistically, the former as unchanging sacred law of Islam and the latter as “secular law.” With these stereotypical perceptions, the conventional wisdom among Ottomanists has been that sharia and kanun were quite contradictory with each other, and that either one of them dominated the other depending on the situation of the time. It was supposed that up to the Classical Period kanun had prevailed, and in the period after sharia ascended and overshadowed kanun. Nevertheless, under closer scrutiny it becomes clear that sharia and kanun complemented each other throughout the Ottoman period.
This paper examines three areas of law application where there seem to have been contradictions between sharia and kanun: namely, those of administration of punishments, governing over non-Muslims, and economic practices. All of the three show in the classical period problematic parts of kanun were either justified in terms of fiqh, glossed over or camouflaged; during the post-classical period sharia could monopolize legitimacy but not all the actual application of the law, which was still largely the territory of kanun as positive law. Both sharia and kanun would seem to haveevolved continuously in close relation to each other and were mutually affected as Haim Gerber has pointed out.
목차
서론
Ⅰ. 이중의 법 구조
Ⅱ. 샤리아와 카눈의 길항 영역
Ⅲ. 법 논리의 변화와 실제의 법 적용
결론
참고문헌
참고문헌 (63)
참고문헌 신청
Fuad Köprülü / 1913 / Osmanlı Kanunnameleri / Milli Tetebbu’lar Mecmuası 1(1):49~112
Mehmed Arif / 1911 / Tarih-i Osmani Encümeni Mecmuası (1330/1911-12) 별책 3
Ahmet Akgündüz / 1996 / Osmanli Kanunnameleri, vols. 2, 4, 9. / FEY Vakfı
Ömer Lutfi Barkan / 1943 / V. ve XVI inci Asırlarda Osmanlı İmparatorluğunda Ziraī Ekonominin Hukuki ve Mali Esasları, vol / Burhaneddin Matbaası
Özcan, Abdülkadir / 1994 / Eyyubi Efendi Kanunnamesi / Eren
Mehmed Arif / 1911 / Tarih-i Osmani Encümeni Mecmuası (1330/1911-12) 별책 3
Ahmet Akgündüz / 1996 / Osmanli Kanunnameleri, vols. 2, 4, 9. / FEY Vakfı
Ömer Lutfi Barkan / 1943 / V. ve XVI inci Asırlarda Osmanlı İmparatorluğunda Ziraī Ekonominin Hukuki ve Mali Esasları, vol / Burhaneddin Matbaası
Özcan, Abdülkadir / 1994 / Eyyubi Efendi Kanunnamesi / Eren
이 논문의 저자 정보
이 논문과 함께 이용한 논문
최근 본 자료
댓글(0)
0
UCI(KEPA) : I410-ECN-0101-2014-900-003301328