
Contents
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Introduction Introduction
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The Empire in the City: Multiplicity and Conformity The Empire in the City: Multiplicity and Conformity
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Private Mu‘amala: The Empire in the City Private Mu‘amala: The Empire in the City
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Marriage and the Moral Boundaries of Community Marriage and the Moral Boundaries of Community
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Amicable Settlements (Sulh) and Judicial Intervention Amicable Settlements (Sulh) and Judicial Intervention
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Public Mu‘amalat: The Community in the Empire Public Mu‘amalat: The Community in the Empire
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“Old Custom” in a New State “Old Custom” in a New State
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Municipal Law and “What Prevails (Jari)” in the City Municipal Law and “What Prevails (Jari)” in the City
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“The Honorable Hisba” and the Customary Economy “The Honorable Hisba” and the Customary Economy
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Conclusion Conclusion
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Seven The Rights of Humans (Huquq al-Adamiyyin)
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Published:April 2014
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Abstract
The mu‘amalat—the body of laws pertaining to the rights of humans—originally reflected the community's way of life at the beginning of Islam. In Ottoman jurisprudence, the mu‘amalat were examined to see how closely they matched the Ottoman ethical ideal. This often led to disputes when the Ottoman standards (for example, in weights and measures, or in the provisions of marriage contracts) did not correspond to established local customs. As the imperial standards increasingly prevailed, the courts that upheld them revealed an inclination to regard the individual as a member of the Ottoman polity, rather than as a member of a particular religious or ethnic community whose customs might previously have taken precedence over the rules of the civil courts.
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