Tawd h al-Mushkil . [Clarifying the Problems of Inheritance Law].

OTTOMAN BROADSIDE CHART OF ISLAMIC INHERITANCE LAW.

Edité par Izmir 15th day of Jumada al-Akhir AH April 23 1883., 1300

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Original broadside (80 x 50 cm) in Ottoman Turkish and Arabic, printed on laid paper with double-headed eagle watermark, embellished with two crescent moon and star symbols, neatly rubricated and coloured by a contemporary hand in a palette of pastel shades of pink, yellow, pale orange, and purple. Old folds, margins with some light wrinkling and a few nicks, some minor losses to intersections of folds with some paper restorations, a few instances of light browning, generally a very good, well-preserved example. This broadside presents the far id the system of inheritance prescribed by the Qur an and elaborated over centuries of Islamic jurisprudence in the form of a structured diagram dedicated to Sultan Abdülhamid II, the thirty-fourth ruler of the Ottoman Empire and the last to exercise effective autocratic power over its domains. It was composed on the fifteenth day of Jumada al-Akhir in the year 1300 AH (April 23, 1883) by Kulevi Müftizade and Süleyman Hilmi, the latter holding the rank of Devriyye, a position in the Ottoman religious-scholarly hierarchy authorising him to teach and adjudicate at a defined level of the medrese system (something approximating a licensed judge). The broadside presents the far id inheritance system in a structured, diagrammatic form, setting out the prescribed shares of all categories of heirs after burial expenses and debts have been settled. The extensive introductory text opens with a formal dedication to Abdülhamid II and continues with a concise historical survey of Islamic inheritance jurisprudence. The principal diagram sets out the prescribed shares of all categories of heirs: daughters, widows, mothers, and collateral relatives. Shares are calculated after the deceased's burial expenses and outstanding debts have been settled. The system turns on a fundamental distinction between quota-heirs (dhaw al-far id), those entitled to fixed fractional portions of the estate (one-half, one-third, one-sixth, and so on), and residuary heirs ( asaba), who receive whatever remains after the fixed shares have been distributed. Four male quota-heirs are identified (husband, father, paternal grandfather, and maternal brother), and eight females: wife, daughter, granddaughter, mother, grandmother, full sister, paternal sister, and maternal sister. Depending on the configuration of surviving relatives, certain heirs may shift between the quota and residuary categories. The chart concludes with the extended family group (dhaw al-arh m), who inherit only in the absence of both quota-heirs and residuaries. The far id system is among the most precisely codified elements of classical Islamic jurisprudence, and its Qur anic basis has given it a sanctity and stability that have resisted modification over fourteen centuries. One of its notable features, frequently observed by both Muslim jurists and later Western commentators, is its explicit guarantee of inheritance rights to women at a time when most legal systems afforded them none. Daughters receive half the share of sons; widows and mothers receive defined fractions; sisters are specifically enumerated as quota-heirs. The Ayd n vilayet, centered on zmir (Smyrna), was one of the most prosperous and cosmopolitan provinces of the Ottoman Empire a major commercial hub with a mixed population of Muslims, Greeks, Armenians, and Jews, and a well-developed provincial administrative apparatus including its own press. That this Arabic-language inheritance law text was produced there in 1883 reflects the continuing operation of the Sharia court system in provincial Ottoman life, where religious judges required authoritative reference materials for the administration of inheritance cases. Süleyman Hilmi's Devriyye rank placed him within the Ottoman ilmiye hierarchy the class of religious scholars and jurists and his co-authorship of a formally licensed and copyright-protected legal broadside suggests both professional standing and commercial ambition. The.

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Détails bibliographiques

• Titre: Tawd h al-Mushkil . [Clarifying the Problems of Inheritance Law].
• Éditeur: Izmir 15th day of Jumada al-Akhir AH April 23 1883.
• Date de parution: 1300
• Catalogues du vendeur:
  • RELIGION & PHILOSOPHY
  • MIDDLE EAST & ISLAMIC