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5 - Whose Archives?

Legal Courts and the Question of the Written Document

from Part I - Sources and Structures

Published online by Cambridge University Press:  31 May 2025

Alexis Wick
Affiliation:
Koç University, Istanbul
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Summary

This chapter focuses on the practices of keeping and archiving Ottoman court records. It emphasizes that these archives, which historians have used as databases , were mainly kept as archives of the judges in their time and were notarial in character. In doing so, the chapter considers the use of court records as written documents in everyday life. In order to move beyond the long-debated question of whether these records were used as evidence in court proceedings, the chapter proposes to focus on the work of the court scribe, a humble yet neglected court employee. It thus moves the historian’s camera away from court proceedings and focuses on the practices of archive keeping. The notes left by the court scribes on the margins of court records reveal the notarial character of these archives. They also show that beyond the question of “oral” sources that have been considered as a privileged medium of agreement in the historiography, the everyday transactions were dominated by written documents throughout the empire.

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Publisher: Cambridge University Press
Print publication year: 2025

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References

Suggested Further Reading

Aykan, Y. 2016, Rendre la justice à Amid. Procédures, acteurs et doctrines dans le contexte ottoman du XVIIIe siècle (Rendering Justice at Amid: Legal Procedures, Actors and Doctrines in the 18th-Century Ottoman Context), Leiden: BrillCrossRefGoogle Scholar
Aykan, Y. and Ergene, B. 2019, ‘Shari‘a Courts in the Ottoman Empire before Tanzimat’, Medieval History Journal, 22 (2), pp. 203–28CrossRefGoogle Scholar
Erünsal, İ. E. 2019, ‘Osmanlı Mahkemelerinde Şâhitler: Şuhûdü’l-‘udûlden Şuhûdü’l-hâle Geçiş’ (Witnesses in the Ottoman Legal Courts: Passage from Instrumental to Eye Witnesses), Osmanlı Araştırmaları, 53, pp. 150CrossRefGoogle Scholar
Faroqhi, S. N. 2004, ‘“Sidjill” (in Ottoman Administrative Usage)’, in Fleet, K., Krämer, G., Matringe, D. et al. (eds), The Encyclopedia of Islam, Leiden: Brill, 9, pp. 539–45Google Scholar
Hallaq, W. B. 1998The “qadi’s diwan (sijill)” before the Ottomans’, Bulletin of the School of Oriental and African Studies, 61 (3), pp. 415–36CrossRefGoogle Scholar
Tyan, E. 1945, ‘Le notariat et le régime de la preuve par écrit dans la pratique du droit musulman’ (The Notary’s Office and the System of Written Proof in the Muslim Legal Practice), Annales de l’école française de droit de Beyrouth, Harissa: Imprimerie St. PaulGoogle Scholar

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  • Whose Archives?
  • Edited by Alexis Wick, Koç University, Istanbul
  • Book: The Cambridge Companion to Ottoman History
  • Online publication: 31 May 2025
  • Chapter DOI: https://doi.org/10.1017/9781009086202.008
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Whose Archives?
  • Edited by Alexis Wick, Koç University, Istanbul
  • Book: The Cambridge Companion to Ottoman History
  • Online publication: 31 May 2025
  • Chapter DOI: https://doi.org/10.1017/9781009086202.008
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Whose Archives?
  • Edited by Alexis Wick, Koç University, Istanbul
  • Book: The Cambridge Companion to Ottoman History
  • Online publication: 31 May 2025
  • Chapter DOI: https://doi.org/10.1017/9781009086202.008
Available formats
×