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A Dispute between Villagers and Nomads, and the Role of Ottoman Kadis in (Hopefully) Solving It
Abstract
A dispute between villagers and nomads, and the role of Ottoman kadis in (hopefully) solving it Ottoman kadis also acted as notaries: and here we will deal with rather a special instance of their duties as public recorders and probable mediators. Beginning in the late 17th century and well into the mid-19th, the central administration attempted to secure public order by making those people against whom a complaint had been lodged promise to do certain things and/or refrain from behaviors considered objectionable. Much of the relevant information must have been provided by the local kadis. In case the person -- or more often the community in question -- failed to abide by the promises made, the government imposed upon the defendants an obligation to pay a substantial amount of money (nezir). This obligation was confirmed ‘on site’ by the appearance of complainant and defendant in front of a kadi, who then issued a document (hüccet) which both sides could use in case of problems. We will analyze a hüccet of this kind, complicated by the intervention of a governor (1099-1100/1687-89, MAD 3912, p. 9). Sent out to repress ‘robbery and rebellion’ the latter was present at the hearing confronting the villagers of the districts of Banaz, Homa and Sand?kl? (near Afyonkarahisar) with groups forming part of the ‘Turkoman tents’ (hayme-i Turkoman). The nomads were represented by a large number of named representatives, while the villagers remained anonymous. The heads of the different tribal units (kabiles) admitted that numerous attacks including kidnapping and extortion had been committed and that in future they would assist in the hunt for the criminals concerned. In case of contravention the heads of the kabiles promised to pay sums of money ranging from 1000 to 4000 guru?. As for the ordinary members they constituted themselves guarantors (kefil). The undertaking was confirmed by the kadis of Sand?kl?, Banaz and U?ak. At the end of a lengthy procedure, the hüccet formed the basis of a document recorded in the Ba?muhasebe registers, while the version currently in our hands was a copy made from these latter registers. As we are dealing with an -- albeit official -- copy, the seals and signatures of the three kadis are nowhere in evidence. But the number of kabile heads and -- presumably – villagers involved remains as a testimony to their organizing and mediating skills.
Discipline
History
Geographic Area
Turkey
Sub Area
13th-18th Centuries