Question

How much was the Ottoman government constrained by the Shari’a?

Answer 1

The Ottoman government was guided by the Shari'a but also created kanun for practical governance, showing that while Shari'a was influential, the sultans exercised significant legislative power and accommodated religious diversity through systems like devshirme and millet.

Step-by-step explanation:

The Ottoman government was constrained by the Shari'a in the sense that it was the foundation of law for its Muslim subjects; however, the sultans had the authority to issue kanun (laws made by the sultan), which dealt with issues not addressed by Shari'a such as taxation and certain crimes. Over time, rulers like Mehmed and Suleiman consolidated their power by centralizing control and interpreting laws to fit the needs of the empire, leading to a unified law code under Suleiman's rule.

The devshirme system, where Christian boys were recruited for service in the Ottoman state, and the millet system, which allowed dhimmis to govern their own affairs according to their own religious laws, illustrate the government's pragmatic approach to governance and religious diversity.

Answer 2

Sharia courts’ bias towards wealthy Muslim men during the Ottoman Empire may have contributed to its downfall, according to a major study of nearly 200 years of case records.

An American economist looked at rulings handed out between 1602 and 1799 and noticed the judges’ efforts to help people “considered worthy of support” had a significant "unintended consequence".

Because Ottoman elites could rely on support from the courts during contract disputes, they had to pay significantly higher rates of interest on loans than women, non-Muslims and the poor, who were less likely to default because they would face legal punishment.