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  • Chapter 32 - ‘The Discretion of the İmâm’

  • from Part V - Judicial Manuals and Reference Books
  • Edited by Omar Anchassi, Universität Bern, Switzerland, Robert Gleave, University of Exeter
  • Book:
    Islamic Law in Context
    Published online:
    14 November 2024
    Print publication:
    21 November 2024, pp 338-348

  • Summary

    This chapter concerns the preface to an 1844 (Ottoman) Turkish translation of al-Siyāsa al-Sharʿiyya by Kemalüddin İbrahim b. Bahşi b. Dede Cöngi (d. 975/1567). The translator, Meşrebzâde Mehmed Ârif Efendi (d. 1274/1858), examines the use and application of the technical Arabic term siyāsa in its Muslim legal and political contexts. The translated work reflects the need to legitimate sultanic intervention in law in the wake of the addition of the Holy Cities of Mecca and Medina to the Ottoman Empire in 1517; it aims to conceptualise Ottoman criminal law in religio-legal terms, in an attempt to bolster the religious credibility of the Ottoman state. Its translation in the 19th century reflects changes in administration that led to the redefinition of the broad powers and discretionary (taʿzīr) authority given to administrators in the field of politics, as well as the mission descriptions of governors and judges.