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Kadi Justice and Crime in Istanbul during the Eighteenth Century
Abstract
This paper will explore the role of kadi in prosecuting crime in Istanbul during the eighteenth century based on Islamic court and police records. I will argue that as a result of the growing rate of crime and violence, the authority and jurisdiction of police expanded in punishing crime often without trials. The kadi’s role was diminished to gathering evidence and preparing a report to the imperial council. The Islamic court records for Istanbul contain very few cases dealing with serious crime. The punishment of crime fell under the jurisdiction of the imperial council headed by the grand vizier and presided over by the two kadiaskers of Anatolia and Rumelia and the chief judge of Istanbul. This period also witnessed the growing role of kanun (sultanic edicts) over the shari’a in the penal code. Nevertheless, the kadi continued to play an important role in gathering evidence, testimonies and ensuring fair legal procedure. He was often against the use of forced confession and torture. He often recommended a discretionary sentence. The hadd penalties had by and large disappeared by the eighteenth century. By the end of the eighteenth century, the kadi was only one official among many in prosecuting crime and meting out punishment long before the Tanzimat reforms. This is not to deny his central role in civil and municipal affairs well into the nineteenth century.
Discipline
History
Geographic Area
Ottoman Empire
Sub Area
13th-18th Centuries