Real Property

Productinformatie

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 Kanoun.
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-Islam of Constantinople, - and obtain their "parere," or fatwa.
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