Real Property (Classic Reprint): Mortgage and Wakf; According to Ottoman Law - Couverture souple

D. Gatteschi

Couverture souple

ISBN 10 : 1331091284 ISBN 13 : 9781331091288

Editeur : Forgotten Books, 2018

Synopsis

How Ottoman law governs real estate, mortgages, and wakf explains a dual legal world and who enforces it.

This nonfiction study shows how religious law and imperial ordinances shape property rights in the Ottoman Empire. It explains how real estate is regulated by both Sharaa and the Kanoun, and why courts and tribunals were created to apply new civil and commercial rules.

Readers learn about mortgages and pledges under Moslem law, the treatment of wakf properties, and how foreign ownership was viewed in light of capitulations. The work also describes two kinds of wakf and how administrators are chosen and supervised when property is entrusted to religious charities or to the public administration of waqf.

• How real property rights are rooted in religious and imperial laws, and how that affects ownership and transfers.
• The nature of rahn (pledge) and the requirement of possession for validity under Moslem law.
• Two wakf systems: sharia-based wakf and consuetudinary wakf, with their administration and legal consequences.
• How foreigners interact with Ottoman real estate law, taxes, and jurisdiction under capitulations.

Ideal for readers of legal history and scholars interested in property law in the Ottoman world.

A propos du livre

Présentation de l'éditeur

Excerpt from Real Property: Mortgage and Wakf; According to Ottoman Law

1. In the study of Ottoman legislation it is indispensable to bear in mind the fundamental distinction that exists between the law, properly and truly so called, - that is, the Moslem Shara, - and the ordinances of the rulers, which constitute the Kânoun.

2. Moslems believe, in fact, that for them there is but one law, and that this law is immutable and invariable, to wit, the religious law (El Sharaa) that is found written in the Koran and in the Mahomedan traditions (Sunnah), and that contains the private civil law also.

3. The rulers cannot make the least alteration in this law; and, therefore, they have, strictly speaking, no legislative power. They can, at most, interpret it, and even in this they are not free, but are bound to take the opinion of the law doctors, - i.e., the Muftis, at the head of whom stands the Sheikh-ul-Islâm of Constantinople, - and obtain their "parere," or fatwa.

About the Publisher

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This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Détails de l'édition

• Éditeur: Forgotten Books
• Date d'édition: 2018
• Langue: anglais
• ISBN 10: 1331091284
• ISBN 13: 9781331091288
• Reliure: Broché
• Nombre de pages: 108
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