Author
Listed:
- Cemal Çetin
(Faculty of Letters, Departments of History, Selçuk University, Konya, Turkey)
Abstract
It is possible to mention crimes and criminals wherever people dwell. Definition of offence may vary according to societies in accordance with the influences of culture and religion. In Ottoman Law which has its roots in ecclesiastical and customary sources, it is observed that crimes are categorized in three groups as the ones requiring boundary, ones requiring retaliation and finally the ones requiring corporal punishment and political ban. Demonstration, prescription, jurisdiction and penalisation processes of these offences are all defined by ecclesiastical and customary law. While the ecclesiastical law is characteristically precise with regards to the jurisdiction and penalisation of offences, customary law adopted more practical solutions on these. In case of discrepancy, predicaments were overcome by bringing Islamic scholars? views into action.In Ottoman law, adultery and prostitution which are regarded in boundary offences and drinking alcohol which was regarded in corporal law are observed to constitute integrity both as they cause liability to each other and are all related with recreation. In addition to being the actions banned by Islamic Law, they also drew the reaction of the society. In this reaction, individuals? fear of being seen to be keeping quiet about these offences committed in the neighbourhood as well as the religious and moral worries played important roles. On adultery, prostitution and consuming alcohol, there are complementary judgements in both ecclesiastical and customary law with regards to occurrence, proving and punishment. When these judgements and court registries are compared, it is observable that not always is this theory valid and did the course proceed in the same way. Accordingly, sometimes inhabitants are observed to change the direction of prosecution process directly with their statements and moreover they are also seen to get involved in the process as a direct source of law.In this study, incidents of adultery, prostitution and alcohol incidents devolved to the court of Konya is going to be analyzed based upon the Konya ?er?iyye Registers generated in between 1650 and 1750 years. In this process, questions about how and where these incidents took place, which section of the society the criminals were from, how they were taken to the court, how the prosecution process went on, what the punishments were and what the reactions of the society were to these incidents are all going to be answered.
Suggested Citation
Download full text from publisher
More about this item
Keywords
;
;
;
;
;
JEL classification:
- K36 - Law and Economics - - Other Substantive Areas of Law - - - Family and Personal Law
- K11 - Law and Economics - - Basic Areas of Law - - - Property Law
NEP fields
This paper has been announced in the following
NEP Reports:
Statistics
Access and download statistics
Corrections
All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:sek:iacpro:0201290. See general information about how to correct material in RePEc.
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
We have no bibliographic references for this item. You can help adding them by using this form .
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Klara Cermakova (email available below). General contact details of provider: https://iises.net/ .
Please note that corrections may take a couple of weeks to filter through
the various RePEc services.