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STATE, SOVEREIGNTY AND LAW DURING'fHEREIGN OF SULEYMAN

Halil lNnlctx

L 'l- II E (l O N (: 11 I)'l' O I; S 'l'A'f ll

A. "JIJS]ICE.'' FOt]NI)A'I'ION OF TI III STATIT

With rcgard to ilrc concept of state, wlrile the ulcma laid cnrphasis on tlrc Islamicnotions, the bureaucrats kilttdb) insisted on tle 'l'urco-lranian tladitiorrs. 'lhetitlcs of ltiddvendigdr and pldisdh (both meaning grcat kirrg or cnrpcror inl)ersian), as well as tlre titles of lrln and l-tapfrn (cnrperor in thc ('crrt-ral Asianempires), were used by the ktiuAb whcn thcy intendcd to strcss tlrc'llrrco-lraniancharacter of sovcrcignty.

Stileyrnin is bclievcd to lravc cnrbodied in lris prrrson the mostaccomplished image of the Middle Lastcrn rulcr. Irr ilrc cycs of thc C)t"tornans, heoventndowcd the Sassanian enlperor AnOshinvin lJusraw (C'lrosrtrcs I, 531--579)and matchcd the Quranic image of thc pcrfcct ruler, Salr)rn{)n. In theirglorification of Stilcymfur, they laid emphasis on lris sense rrf justicc ard oquityas the most significant characteristic of his rulerslrip. In fact, thcir cnrphasis onthe principlc of justice is not just a matter of rhctoric. lrver sincc ancientMesopotamia, justice had come to be considcred as tle most cffcctjvc ethical andwise principle of conduct of a king in tlrc successive cmpires of thc Middle Ea"st.But it is to be noted that in this tradition, the conccpt of justicc gaincd quite aspccific meatting, not to be sinrply linrited to thc cthiqrl notiorr of cquity.

'Dre particular notion of 'addlett (Ar. 'adfilu) as thc kcy principlc in thc pnc-Islamic Pcrsian or Middle llastern political systctn appears to have bccnintroduced into tlre Islamic state system by tlre Persian bureaucrats and literati inthe service of the Caliphate. T1re notion obviously originated frorn pre-lslunic

lSee IL lnafcrk. TJre Ottomon Lnpire, Tlrc Classical Age I-1N)-16(U (Lorrdon: Weidcnfelti andNicofson, 1973), pp.65-69; also lnalcrk, "Adilctninreler," Ilelgeler, vol.2 (Ankara: 1965), pp49-52.

fi) IIAIiI INNLCIK

Indo-Pcniitn advicc litcrature. Thc famous story in al-Ta-x'ui about the SassanianKittg Pttnviz tliscusscd pragmatic issues for a successful govcrnmcnt. 'lhcrc, lhenrain issue was how to incrcase the state revenues without causing discontentamong the taxpaying midority. The question was that when tlte discontent of thenlasses went unheedcd, it rnight cause the loss of power. Thc case of Parwizexemplificd tlte grower-state or tyranny. It argued that since the ruler's power wassanctioncd by God, he had the right to use any means to consolidate it, whichincluded increasing taxes. But through long historical experience, it was learnedthat a cles;ntic governnrent ba-sed on the use o[ sheer force could not last long. Inthe story, this kind of goverument is discarded not only because an oppressiveSovcrrlment ntight result in an impairment of the productive capacity of thetaxpayers (and thus in a dccreasc in governmcnt revcnues). As the altcrnativc, itwas prolnscd that protcction of thc tax-payers against thc abuse of royal powerrvas tltc bcst ltolicy becausc it would enclrance production and state rcvcnues andconscquently would solidify the royal powcr.

'I}us, justicc had quite a spccific meaning in this systcnl of governmcnt.Its dcfinition has a crucia.l irnportance for us in undcnnncling the whole structureOf the Middle Eastern state. Justice in tlris systenl is defined as the preventionand elirnination of the opprcssive acts, Tulnr,by those who cxercise power in thename of fte rulcr. This would be aclrieved through the divdn al-mazdlim or theOttonian Dtvdn-i Htindyiln functioning as a supreme court, through a constantcheck and spying on the governors, summary punishments under the siydsa laws,pcriodic promulgation of 'adilet-nhmes or rescripts of justice, and the public'srecourse to rik'a anrJ'ar|-i nal.r\ar, or petition rights against the abuses of powerof 0le agents of state. 'fhe whole administrative system restcd on a notion of'addlet conceived in t}is manner. In this system, 'ad1kt is not simply a principleof equity and impartial judgrncnt, but also a principle of social action.

Within this systent, power and justice were considered not as a dichotomy,but as irlterdependent principles. Power was for justice and justice for power.Attritrary use of porver was injustice. Ihe ultimate goal of supreme power was toe snblish justice and it was jusl-ice that consolidated power. Thus, I believe thattlte tcnn 'oriental despotism' in western literature is a misconception of the realstate systern in tlrc east.

Tbe concept of one ruler with absolute power was of ccntral importancefor the system, because tlre only way to realize he'addlet was believed to be bynleans of al omnipotent. ruler independent from all exl.emal influences, decidingand acting in absolute freeilom, responsible only before God for his actions. Inother words, absolute powcr was believed to be the ultimate guarantce and sheltcrfor t}e oppressed. The ruler should be on tlre watch all the rime against injusticesand be prcpared to hear conrplaints directly from his subjects. Tlre irnperial

STN I'E. SOVIIRIIIGNTY N ND I,N W

council presidcd over by the rulcr himsclf and open to tlre lrumhlcst of hissubjccs was thc kcy institution of tJrc clnpirc.

Thc'Tower of 'AdAIet,' or Cih1nnilnd tn tJre ()ttornal) court syrntxrliz.etlthe consLrnt watch of the ruler. Irurtlcr inve stigation, puticularly of the classicalOttoman systonl of government, dcmonstrates that the srxial class with wlrichthe ruler was primarily concerned in establishing tle 'addlet or protcction, witsthe peasant re'dyd.

The peas.rntry livcd in isolatcd small comrnunities in tltc courrfyside andwere victims of all sorts of exactions and acts of violence. In tlre narrow scnsc ofthe word, re'dyd meant tlrose family fann unit.s in tlre countryside.'flreycottstitutcd tltc backtxrne of thc prcxluctive clisscs arrd tlrc nrairr sourcc of publicrcvcnues.'l'ltus, fr

62 Halil INALCIK

2.Tirc ldea ofJust Era

On his accession to thc throne, every sultan introduced cer[ain dramaticmeasuros to dcclare to tlre world that his reign was going to be an era of justice.'Ilrus, many rulers in lran bcgan their reign by abolishing the tamgha taxes.

It was a custorn of the Ottoman sultans to promulgate periodicallyrcscripts of justice, or 'adalet-ndmes, to wam the government agents in theprovinccs to refrain from such illegal acts as imposition of forced services anddues on the rc'6yd, making exactions, staying in the homes of the peasantry, andforcing the latter to feed their large relinues. These were the most commonabuscs tlte sultan tricd to prcvent under the tlucat of the scverest siydsa penalties.I'he sulLan asked thc local kadi to publicize his orders and give a copy of it towhoever wanted one. Such abuscs pcrpctrated by public agents were subject to aspecial jurisdiction called siydsa. No cash compensation was accepted for suchcrinics and siydsa punislmrents were particularty severe.

3. R01'al Watch on Injustices

An elaborate intelligence and espionage network was believed to beeslrblislted primarily to keep watch on the acts of the public agents to preventunjust acts. Also the Ottoman sul[ans' secret tours in disguise were designed todiscOvcr tlte abuses ancl to rcdress injustices. All these Ottontan practices soundso fattiliar for a reader of Nizirn al-Mulk's Si!,dsetndnre.3 Actually the traditionwa\ frarrsmittcd by ilte kttttdb, the bureaucrats, and by a large literature designedfor the kiitldb, such as advice books, manuals on slate finances and accounting,or ing.1'(erpistolography) and history books. It is no coinciclence that. in OttomanIiterature, the first translatiorrs consisted of books in these frelds.

4. Synbolisrn and lconograplry of Justice

Astral symbolism of power and justice goes back to the Mesopotamiancivilizations. The combinations of the sun and the lion, or the sun and the moonslrnbolized royal power and justice. Sassanian and Seljuk coins bear the samecrnblenrs. In the famous Turkish book of advice [{utagpu Bilig,a Ktin-To[dr,rising sun, is the rrrlcr and represents justice ; his vizier Ay-Doldr, full-moon,rcpresents intellect and don-la - fortune. Tlre ruler's supreme duty is to eliminateinjustices. Kuta{gu Bilig says tlre sword in the ruler's hand symbolizes his power

rSce, for instance, p. 456 of rhe edition by II. Drake (Tehran: 1962)."Y0suf [e5q I.lejib, Wisdont of Royal Gtory (Kutadgu Bilig), A Turco-lslamic Mirror for Pinces,trans. R. Dankoff (Chicago, l9lt3).

STATIT, SOVEREI(;N'IY AND l-Aw

to establish justice by imrncdiate decision and cxecution. 'llre cntblcltts uf stttl,moon, Iion, md sword of justice are to bc found togetler or individulrlly on alltlre regalia of Asiatic states,

The pictorial :rrangement of tJte'otl|kt, rcvenue, alrlly, and g'rwer in thcform of a circle nleant to show the wltole system' or thc dep,crtdcrtcc of cachcomponent on the ofters. In a circlc it is not clcar which elcntcnt, 'addlet orpower, is the initial point; all the elcments arc considered to bc absolutclyinterdependent. On the othcr hand, prevcntion of illegal Laxatiott bcing tJrc ccntralconcem of the ruler and his subjccrs, particular care was taken to Altllouncc 'udilet

measures to the public, as demonstrated in the royal tax inscriptions tltroughoutthc Mitldle Flast. The dccrees cngraved on thc walls of the Masjid-i Jurn'a inIsfahan, the Ilkhanid inscription on thc gatc of thc Arrkara castle are amottg suchexamplcs.

'l'he thcme of justicc and royal [K)wcr also pcrvadcd ltistoriograplry, thcingi' literature, and court fDetry.'l'his pattcrn had crucirtl sigrrilrcarrcc fur thtlsewho considered the concept of a just ruleras tlte very ft>ultdatiott of stxicly. Aseries of semiotic conventions ilr art and literature would hc clciu to us tltt)moment we rcalizc t.lre lrcrvasivc nreaning of this particular outltxrk of statc attdsociety.

In conclusion, contrary to what is trclievcd, tlc advice litcraturc is onlyone part of the evidence of a system of govenmrcnt which prcvailed in the lvf iddle

East since antiquity. Witlrout it, the medicval Near llastern sliltc citltttot bcundentood and defincd. Stilcymin is rcyrrtcd to have rcad with grclrt intcrcst tlteadvicc to kings litcrature.5

Stileymin's rescript of justice from 1565 dcclares in its prcatttblc tltat lte is

determined to eliminate injustices pcrpctrated against his subjccts by theprovincial authorities, notably the governors antl judgcs, iuttl tt'r ensure for tltesubjects a sccure and prosperous life "under his tinre of justicc."6 llre rcscriptbanned the most widcsprcad abusss, thc forciblc ntarriitgcs altd false: tcstrtltonies.In other rescripts, the comnron fornrs of injusticcs includcd tite collecti()n ol'taxes not in accordiurcc with the tax rcgistcrs, thc illicit collcctiutt of dues andservice fees, makirrg false accusations to cxact money front tltc pcasants, orfrequentty visiting villages with large retinucs with the prctcxt of irlvestigatingcriminal acts and in the proccss frrrcing the pcasants to feed tltent and to payindcmnifications. The imperial rescript ordcred that such official tours bc rcpeatedonly every lhree months and that no provisions bc rcrccivcd lront t]tc peasallts

5A translation of Kalila x'a l)imra by 'Ali h. Selih,Stileym6n: Pergevi, li'ril3 (lstanbul:128 l/186{), pp.6lnalcrk, "Adiletnimeler." 99-10.1.

for instance. was qenerously rcwartled by60 l.

63

61 FIalil INALCIK

unlcss tltcy were paid for. 'lhe rescripm of justice specitically prohibitcd extralabor serviccs which wcre inrposed by the local authorities on the peasants.'lhere, fiscal concern was crnphatically expressed by the statement that as a resultttf suclt cxactiotts, 0re prcas"rnts werc abancloning tJreir lands and thus revenuesources rverc lost.

llte lrst acts of Stileym0n upon his accession to the throne, are describedby ottonran historians,T almost all of whom were bureaucrats, as being actswltich were irt full confbrnrity with the Middle Ilastern notion of the just ruler.Intmediately aftcr his accession to the throne he let free the deportees fromEgypt, whonr his father had forcibly brought to the ottoman capital, to stay orrctum to thcir holnclartd. IIe also ordcrcd that all tlrc propcrties wlrich had beenctlrt[iscittcd from t]rc silk rncrchanLs, Iranian or Ottoman, whcn Sclirn I harJdcclafcd a ban on the Irarrian silk irnports in 1515, bc rctunrcd to their owncrs.Othcr acts of justice included summary cxecution of tlrose state officials who,undcr his predecessor committed acts of cruelty and injustices. Ca'fer Beg,aclntiral of tlrc Ottomarr navy at Galtipoli, known as "Bloody CA'fer," and thcGovernor of Prizren, who was accused of enslaving and selling ottomanChristian subjects, werc exccuted for thcir crinres after investigations. Inadditiorr, dte comurander of tlre cavalry division of the sillhdlrs at the Porte wasdistnissed altl five of his men wcre executed whcn it was proven that tley haddared to break in thc Divln where meetings were helcl and to assault some vizicrsattd state ofhcials. Tltcse acts were designed to show tlrat the new sultan wouklnot tolcratc the abuse of pnwer against t}e powcrless by his agents, and tlrat hedenranded duc respect ancl obcclience to those who exercised authority in his name.AII thcse acts werc ernphatically mentioned as proofs of his justice. ilis orclcr ofl52l to thc kadis cottccrning ilrc rates of court fees was anotlrer inrportantnreasurc of a practical nature.

lhe following policics of SUlcynrin were also mentioncd a.s tJte prirrciple.sof a wise and jusl. adntinistration, the neglect of which would latcr on be refenerJto as thc main causes for tJle dctcrioration and decline of the Ottoman Empire.'Ali,8 ilre llistorian-burcaucral, obscrved t}at the office-hoklers, the kadis and thesancdk-begs uscd to be kcpt in their assigned posts fol a long period of time. I.lepointed out that under Stileymin, officials were not dismissed for a trivial fault,

'I;.,Babing^er, Geschichtsschrciber der Osnwnen und ihre We*e (Leipzig, 1927); Turkish trans.C' IJ9ok, Osrrutnlr Tarih Yaz,arlan ve Eserleri (Ankara. 1982), nos.58-67. For the works ofMatrallgr Nas0h, see IL C. Yurdaydrn, Kanuni'nin Caftsu ve llk Seferleri (Ankara: l96l): idem,M-atrakgr Nasulr (Ankara: 1963); i. Kopp".t, Geschichte Sultan Siiliynfin Kilnar,is von Cel6l76delu_lutlafA gerutnnt Koca NiSiittct (Wiest,aden, lggl): also J. Maruz, Das Kanzleiwesen Silleymin desI'rdchtigen, Freiburgcr Islarn^srudien Bd. 5 (Wiesbaden, 1974); idem, Ilerrscherurkunden des()smanen Sulrans Siileymhn rles Prttchtigen. Ein chronologi.rches Veneichnis, IslamkundlicheMaterialen. Bd. I (Freiburg, l97l).lY,ltf:tl -'.Ali' Nushaiu's -Seldtin,ed. and trans. A. Tietz.e, Musrafd 'Ali's CounselforSulrans ofI 581, I fy'ienna, I 879) ; sec lA7ima no. I 6 on fols. 50v-52r of rhe rexr.

STATE. SOVERIIIGNTY AND I-AW

and if they were disrnissed bccause of a major misconduct, tiey werc neverreinstated. Thus, our historian asserts, tlrey served tlrc statc in confidcnce andjustice. Another advantagc of long tenure, it was argucd, was thirt thc officialscould build up antl maintain a large body of relaincrs witr necessary equipmerrtwithout resorting to bribcry and exactions.

StileymAn was particularly concerned about preventing the soldiery fronrharassing and plundering the pcasants on thcir way to a carnpaigtr. -flrere arecases related in our sources as to how scvcrc he wa-s agirinst tlrosc who did notobserve his order.9 Soldiers wcre constantlv rcnrindcd to pay for whatevcr theyobtained from the pcaunls. It was bclieved that Ottoman logistics wirs at iLs bcstin Stileyrnfln's time.l0 Preparations in builtJing up stocks of wlrcat and b:rlcy atsuitablc placcs alrxrg tlrc campaign roul0 worrld bc slarlr:d one ycar Jrrirrr to llrcciunpaign. Ottontan burcAucnrts saw in Uris policy thc u'rsdonr o[ i,ttitrtdlet.winning ovcr dte allegiancc of Ure subject ;rcoplcs. It was also argucrl tlrat unrulyconduct on tltc part of tlre soldiery would cause tllc fliglrt of tlre g:ilsantry andtltus Ute ruin of tltc sourccs of public rcvcnue. Conscquclrtly, thc protcction oftltc local population, or, 'Justice" was bclicvcd to tlc a nccessity tirr hrtlr nurraland practical purposes.

5. Justice and Pultlic Opinion

The general assumption is that in tirc traditional lvliddle [..a-stcnr statc, thcruler, bcing aloof, did not care about puhlic opinion, and igrrorctl what t.lreordinary peoplc, lhe townsfol arrd the pa.s:ultry dtought of hirtr. Ilowcvcr, tJreoriental ruler was muclt conccmed witlr his intage in thc cycs ol thc rnasscs.bccause it was a traditionally cstahltlished fact Urat potential rivals around hirn, intlte pcriphery or ncightnring lmds were all ready to exploit any rcvcrs:tl in publicopiniolt against him. I)ttpulir discontcnt oftcn appeared anlon{l lhc Jrrpullrce inthc ftrnn of gossip atxrut tltc rnural weakncss of thc rulcr, i.c., his rrcglcct ofreligious dutics, his wine drirtking, zurd most irnporlant of all, his inahility toprevent'iltjustices' (i.ulm. UayD, imd abuscs of auilrority pcrpctratr:d by tris agentsagainst lris subjccts.

9"'[*o sil6hrlirs werc cxecutcd bccause thev had let locrse lhtir horses to ErazL'on thc Jrea-sant.scrop in the fields." "Daytxruk of the campaign of 8uda." Ireridun. I{tinse',it al-Sel,irin,l (lstanbul,r214tt851), p. 555.lOSe. G. Veinstein. "some Views on Provi.sioning in the Ilungarian ('anrpaign.r ol Suleynran rheMagnificent," Osmani^stische Studien [or Wirtschafts- und SoTialgescltichte in lllent,,ndm Van,'oBoiko'v, ed. H. G. Majer (Wiesbaden. 1986), pp. 177-185.

6-5

66 I]aIiI INALcIK

'Ali demonstratcd the crucial importance of public opinion for ruler insafcguarding power.ll F,numerat-ing the matters necessary for the rulers, hentenlioned as the firsl concern, "to gain the love of their subjects so that theweak, wlto havc been committed to tlreir charge by the Creater of all creatures,ntake thern the beloved of thcir lrearts. Now if tJre kings lcad a pious life, if theytake care of tie people who are their subjects, if tlrey always mix and associatewith philosophers and wise mcn and at all times avoid the company ofblocklreads, if they again and again study the teachings of history, that is, the lifestories of the kings of old, if they restrain as much as possible their ownviolcnce and aim at equity and justice, if fools and eunuchs and mutes and thecourtiers, those kindlers of sedition and disintegratioru do not take over the affairsof Lhc slate..., and if they always protecl the weak antl thc poor under their rulefrtxn lhc ltrc of lnvcrty, arrd dcstitut-ion by nteans of drcir libcrality and limitlcsspatronagc, tltey will tie the ltearts to themselves in affectiolr and will motivatepteople after the five ritual prayers to pray for thc cont"inuation of their might andglory."

In fact, tlre ritual of allegiance to the ruler is rendered in thc prayers saidafter cach Friday serrnon (hutbe) in the mosques tlrroughout his dominions. Ali{uslini ruler loses his legitimacy the moment his nanie disappears fronr theFriclry serrnon. Even if tlrc F-rictay prayers cannot bc interpreted truly as a renewalof pxrpular approval of the ruler's conduct, it nevertheless was a remintler of theimportancc of public opinion. In any case, the Ottoman sultan selected thepreachers from among popular $eybs and appointed t]rem by means of a specialdiplorna, and tius kept some sort of control on this delicate matter, There weresolne rare cases in which a particularly bold preacher denouncecl ilre sultan's actsor lxrlicics. The drinking and coffee houses were shut down not simply becausctlte sultan wanted to conrply with religious prohibitions, but also because theseplaces were centers of gossip against tlre government.t2 In fact, criticisms anddiscontent were voiced during Stileymln's era, not to mention the violcntuprisings among dre Krzrlbaq Ttirkmens.

Ilowcverr, contemporary observers testify trrat, by his behaviour andconduct which confonned to the tradition Stileymfln generated in his person theimage of a highly charismatic sultan. It was of crucial inlportance tlrat thentonarch create an inuge of a just and forgiving 'failrer' of the pcople, ensuringtltat all Sroups within thc socicty earned their livelihood, ancl that the poor andthe p.nwerless were protectcd.

111'i.t.", vol. l, I-6zjmc, no. 11,41r,3 margin; cf. note in the Relazione of D.'l'revisano. theVcnetian bail., cited by $. Turan, $ehzdtle lliyezid Vak,as (Ankara, l96l), p.46.''A. Rcfik, (hnlttna Astrtla Istanbul Ilayatr, 1553-ts9l (lsranbul: 1935), pp. l4l-42t cotfeelrouses in lstanbul fir.sr appeared in 962/155455; see pegevi, T6ril, vot. t, pi.-303-0.

STATE. SOVITREIGNTY AND Ln w 67

It had bcen the custom of every Ottoman sultan to bcgin his rerign with amajor victory or conquest, which was considcred as a sign 0f lris ability arrd gcxrdfortune. At the beginning of his reign, Stileynrin's rnilirary succcsscs at llelgradeand Rhodes, where Mehmcd the Conqucror had failcd, wcre intcrpretcd as a signof divine support (te'yid-i ilAh\, and won him at the outsct arr unparallclcdprcstige wift the army and the populace.

ts. TTIE CONCIIPT OF TllE UNIVERSAL EMPIRIT, TTItl C'nl.lPIlATTt

The words and titles which ,Serfr/l'l-rs/drn I:b0's-Su'0d uscd for Sult:utSiileymin irr he inscription on the main gatc of his nosque in Isurnbul(compfctcd in 96411557) can bc sccn as indicative of t.lrc pirrticular cotrccpt ofstatc held by hint iuttl his contcnlporarics. In our sirrtplilicd stylc, thc ittscriptirtncan be rendercd irs folkrws:

"J'his slave of GrxJ, powcrl'ul wit.h (irxl's lx)wcr and lris ltrighty deputy orrthe F.arth, standing by tlte contrnands of the Qur'an anrl for tlrc cxccutir>tt oI tltentail over tlrc world. master of all lands, and the slradow of (iril ovcr all na(ions,Sultan ovcr all the Sultans in the lands of tlrc fuabs and l)crsiarrs, the pmpagatorof the Sultanic laws, the tenth sultan among tlrc Ottoman flAkdns, Sultan. sonof Sultan, Sulurn Siilcynrlrr Khiur. . . "

Here, tle attributes and titlcs indicate two distinct traditions, tlrc Islarrticand the I'urco-Persian. Whitc, on thc onc ltand, the acccn( is put on (iod'ssupflort as he stood by Grxl's commands, on the other harrd, lrc is cxaltctl as a

bd*nn spreadirrg the sultanic laws. Wc shall rctrrnr lo this grirrt suhscqucnllywhen dealirrg witlr the concept of law. Strcssing the inragc ol.Siilcynran as tltedeputy and shadow of God, :urd his executing Gul's comnrands orr cartlr, thc firstlines enrphatically iLSScrt his capacity as an Islamic caliph. Sirrce cvcry Muslintruler claimed ilre same title as tlre uplrolder imd exccutor of thc Shari'a after t-heunivcrsalcaliphatc of tlre Abbirsids disapJrearcd in l2-58, tircre is aclually notJtingnew in SrileymAn's titles. 'lhe s.rmc can also bc tnre frrr thc assr:rtion ol- ltissuprcmacy among Muslim rulcrs in tlre wurld. Rut thc urrusual aspect ofSiileyrnin's cilse was Oat he believcd in brirrging all tlrcsc to rc:rlity through thetrcmendous power hc hcld.

'llre striking point in tlre wholc inscriptiorr is tlre concept o[ a worldempire, his claim to suprcmacy as the shadowof Grxl on all nations. In 1.557 ilteycar thc inscription was writtcrr, SUlcyrnin cclcbratcd his victories ot'cr thcllabsburgs in Urc Wc.st and tlrc Salavids in tlrc llrst. l'rvcnty yc;rs crrlicr, inl -538, in tlrc firmous inscription of []entlcr, hc JrrrnJxrusly alrnounccd ltis world-widc undertrkings in tlresc tt:nns: "l iun a slavc of Gtxl and I unr tlre lttaslcr inthis world. ... Gcxl's virtuc and Muh:unmed's nriraclcs arc nly compartions. I arrt

68 FIAIiI INAI-CIK

Siileynfur and my narnc is bcing read in the prayers in the holy cities of Islam. Ilaunchctl fleets in the Meditenanean on tlre part of the Franks in Maghreb as wellas in Indian Occan. I am the Shah of Baghdad and Iraq, Caesar of the Romanlands and thc Sultan of Egypt. I took the land and crown of the }lungarian kingand granted it to one of my hurnble slaves..."l3 In his letters to the Habsburgrulcrc, Ferdiniurd and Charles V, he asserted his supremacy among the rulers oftlte world tlrough God's favor, adding to his titulature the title of "master of theIands of tlte Roman Caesars and Alexander the Great." He rejected using the titleof "Caesar" for Charles V, the lloly Roman Emperor.

Ottonian claims to the heritagc of the Roman.Empire in tlre East, as wellas in the wcst originated from Mehmed the Conqueror's conquest ofCotlstatttittoplc. Since then, tlre conqucst of Rorne, symbolizcrl by tlre'l'urks as'l(.tztl EIma'(Gold Applc for the golden globe irr the lrand of the Ronrancntlrror), had bccorrte a drcam for the Ottoman sultans. In his campaign of Corfuirt 1.537 StilcymAn actually planncd invading Italy and capturing rome.l4 As thecr)nquest of t}e Wcst rvas always on his mind, he supported cvery separatistnlovelnent irt Europc against thc Pope and the lirnpcror who claimed to be thehcad of a unified Christian Europe. Siileymin's support of the French and tlreI)rotestant princes in tlreir figlrt for indcpendcnce, which was a policy designed tokecp Cirristendom dividecl, effectively contributed to the rise of nationallnonarclties in tlre West and the establishmcnt of Protestantism in Germany.l5

As for Siileyrnln's clairn to supremacy in tlre Islamic world, it foundcxpression in his titles of "the Caliph of the whole world" and "the Caliph of allvluslirns in the world" (Ualtfe.-i Rfi-yi kntin or $atife-i Miislinin).16 Since thecollqtrcst of Constantinople, Ottoman sultans clainrcd a position of supremacy inthe Islarnic world, asserting tlrat since the time of the first four caliphs, thccompanions of tlie Propltet, no other Muslim ruler could claim supretnacy overthe Ottoman sultans bccausc of their unprecedented success in protecting andextending the dornain of Islam against tlre infidels. After the annexation of thcArab counrrics ( t 5 l6- 1540), parricularly of the l{ijaz ( l5l 7), the Ottonransultans ttx)k ovcr fiorn ilre Manrluk sulLrns the most prcstigious titlc in Islam,t.hat of the "Scrvitor of the two lloly Sanctuarics" (Mccca ancl Medina). freMunluk sultans befbre the Ottornans had used it to assert thcir primacy amongfte lr{uslinr sovereigus. Stileymin took this title in all seriousness as the basisof his clainr to rtnivcrsal caliphate and declared that it wius lris prime duty to keep

I lM. GuUogtu, laleografia ii diplomaticc, turco-osmand (Bucharest: l95g), p. 133.I a[:or Siifcymin's plan to conquer Rome. see E. Charridre, Nigociations de la France dans leLa-ant, vol. I (Pari.s: 1848), pp. 320-4.15s." s. Fishcr-Galati , otronan Imperialism ond Gernnn prolestar,,istr\ r52r-r555 (cambridge,N{ass.: I 959).l6.see n,r canbridge llistory of Islom, vol. I (Cambridge:1970), eds., p. M. Hort, A.K.s.l-anrbton and B, lrwis, pp. 320-3.

S'fN TE. S0VERIII(iNTY AND I,N W 69

thc pilgrirnage routes to $c FIoly cities o1rcn for all thc Muslims irr tltc world.This entailed a wortdwide activc grlicy of supJnrting Muslirn couttLrics whichwere overrun or tlrrcatencd by thc lJuroprcan cxpansion in the Mcditcnalrcin, iltelndian Oceall, Indonesia, Africa and the lturasian Stepp(.s (e.g., rcpulsion of t-lteSpanish rcconquista in 'funis, Algeria and Libya in 1520-15-5-5, tltc cxpcdition toGujerat in 1538, the pronrise of technical aid to the sultan of Sulrtaua artdpreparations for a campaign against tlrc Muscovitcs to frce tlte citics tlf Kat anand Astrakhan which actualized later in 1569). It was during tllis peritxl tJtat t}cUzbck khanate s of Central Asia, irs a result of fire Muscovitc expiutsiotl, appcalcdto SiileymAn to restore the freedorn and safety of their subjects on tlte: pilgrintage

and tnde routes from Transoxania to the Crimea.

It was on the basis of a wrlrldwidc struggle agairtst an aggrcssivc [:iuro;rc,wlrich was actually an exlcnsiorr of thc c;ulicr frortticr ,grlzr? policv of thcOttonran statc, thflt Siilcyrnln forgcd his idca of a uttivcrsal citliphittc, ttrOttornan wortd domination. In a panrplrlct on tlc ca.liplratc, l.utfi l'uqiu lris grandvi'zier (1539-1541), advocatcd Siileynriin's notion of tlrc rcvival of tltc univcrs.rlcaliphate on the basis of his grizi powcr and protcction of Iskun in thc u'orld.l7

But how to reconcile all this wiflr the Ottornan policy ol' wlrring andelimirrating otlrer Muslim dynastics and annexing thcir tcrritorics'l In tirdcr tolive up to their inrage of protectors of Islarn and of Muslinrs. tltc Ottontans,ingeniously distinguished bctwccn tbe dynastics and tlrcir Musliln subjccts, artdclairned that the fight was cxclusivcly against the dynasts rvho cititt:r ltelcl anoppressive rule (thc Mamluks), or tricd to intposc by forcc rt ltcresy on theirMuslim subjects (tlre l)crsians), I:ollowing lris prcdeccssors, Sillcynten too,obtained the writtcn opinion lfetv,d) of the religious audtoritics hcforc hiscampaigns against Iran. It was assenetl that it was actually tlrtr caliPh's, i.e.,Siileynrin's obligation tr) rcstorc thc Slrari'a and eradicatc tltc lrcrcsy (rifd ttiUAA, giving the wholc opcration Oc senrhlance of a truc grr:r? acliorl. Irt fact,the Ottomans ainred at the ovcrtlrrow of tlrc Safavids, zutd cstahlishing thcir owncontrol ovcr the silk producing provinces of northcnt Iran (Azcrbaidjan, Slrirwan

and (iilan), which werc of viurl inrportancc for thc Ottonran economy andfinances.l8 IIere ttxr, religious idcology and pragntatic goals werc ittcx{ricablyc

70 tlalil INALCIK

6. State and Religion

As SiilcymAn bclieved hc could restore the unity of Islam worldwidethrough his unmatched powcr, he also believed it wits imperativc for him toensure that absolute rule of the Islamic law in his own lands became a reality. Inthis &rsk, his source of inspiration and support was Eb0's-Su'0d, the greatOttoman scholar who wrote a famous cornmentary of the Qur'an and presided as$cyhii'l-lslArn (1545-1574) over the entire Ottoman ulema for a long period oftinte. Siileymln made him his confidant and counsellor, calling him in his oldage "nty broilrer in this world and in the other." As will be seen later, Eb0's-Su'0d became responsible for some fundarnental modifications in thc Ottomanland and taxation laws, adjusting tlrem accorcling to the shar'i principtcsformulated by tlrc great imams of the ninth century while sultanic law-makingattd bureaucratization underwcnt considerablc dcvelopnlcnt during the sameperiod.l9

Surely. one can speak of this trend as the beginning of a moreconservative Shiui'a-nrindcd Ottonran state. EbO's-Su'0d's activities includcd tlrecotlstruction of a mosquc in cvcry village and obliging dre villagers to conducttlteir prayers tlerc, so t}at the heretics were exposed. In the namc of the Shari'aIte condcmned herctical sects, tlrereby, further alienating fte Turconrans.

1he lnpular religious orders Qartkat) such as the Kalencleris, the lJayilarisand the Rekullis who were donrinant among the Turcoman-Ytirtjk pastoralists -and since tlre rise of tle Safavids (1501) they appeared to bc nlore aggressive tlranever - bccame thc most serious challenge to t}e patrimonial absolute authorityof tltc Ottoman sultan. {Jndcr the influence of t}e Kalendcri babas, T'urcoman-Ytjrtjks in Anatolia, now nlostly catlcd Ktztlbdf undcr Safavid patronage and thefrontier people of the sarne origin under hereditary begs on tlre Danubeconstituted lirge groups who defied Stileymhn in terrible rebellion in 1527. Thereal issue underlying tlresc eruptions was the social conflict between pastoralistnontads and sedentary society. Expansion of the agricutturist populationdcJrcndent oll tlte timdr-holding srprillis was an acceleratecl process at the expenseof the pasturelands of t-he Turconuns under StileymAn. fhis situation hacl resultedfrom the population explosion (an increase of over 40 perccnt) during firis period,Following tlrc traclitions of the Middle Eastern, imperial system, Stileymin'sbureaucracy systematically encouraged and supported the agricultural intcrestsoperating under a particular agrarian organization (gift-fidne system) against thepastoralists, and showed a vigorous reaction ideologically and militarily againstthe Turcoman rebels.

l9f nalc,k, "Suleinran the l:wgiver and orroman raw," Archivunt ortonnnicunq3E; lnalcrk, "Kanun" EI2. s.v.

I (1969): 105'

STATII, SOVIIRtIlGNTY nND [-Aw

What made the conflict partticularly violent was that from tlc tilne of'Osmln Gflzi, the Turcoman babas, so pxlwerful on thc Ottontan frottticr scrcicty,continued to clairn to be the mcntors of the sullans as bcforc.2o llclicving in theesotcric Sufi theory of. veldyet (sainthood), babas, spiritual lcatJcrs of theTurcomans, wanted to keep the suluns under their own influence. llte chiefbaba, called ilte "Pole of tlre World," was belicved to be God's absolutcembo

FIAIiI INALCIK

knorvn as Merkez. Ill'cndi (d. l5-52), and had his moments of ecsLasy during therituals. After he bccamc sultan, he continued his close relations with the mysticand appointed hini thc preacher of the Great Mosque of Istanbul, Ayasofya. It isintercsting tlnt CclAlz0dc, a rational bureaucrat and someone close to the sultirn,dislikcd the rre.l'fr and did not conceal his feelings in the presence of t}re sulr.rn.AltJtough StilcynrAn rentainerJ faithtful to his old friend Merkez Efendi. who alsowas a conservative Llalveti he ncver associated himself with esoteric religiousordcrs.22 In his religious policy, Sultan Siileymln took a new orientation bysystematically following a purittrical Sunni pnlicy, and with the support of his$ey!ti'l-Islims, first KcmAtpagazide ( l5z5-1536), and larer, Ebfi's-Su.0d,attempted to revise the basic Ottoman inst"itutions in.accordance with the Shari,aprinciples of Islarnic religion. Thus, under him, the ottoman state, abandoningits historically dcveloped eclectic character of a fronticr state, bccarne ratherwortlty successeur to tlte clas.sical Islamic caliphate in its policics, institutionsand culture.

C.]I'lIi ]-RANSITER OF TITESOVEREIGN ITOWER

Irr ottornan history, stileyman's fatrrer Selim I, Irad givcn an example bydeposing his father Riyezid II (r. 1481-1512) who was considered tcxr old andunable to assume tltc cclmmand of t-hc amty in tlre facc of external tlrreats. Asimilar situation canle up towards 1553 wlrcn the eastern frontier of the empirewas again threatened. It is to be remembered that in the Ottoman traditionalsocicty, a precedent established a custom and gave validity to a later course ofconducls. In 1553, Siilcyrnln was an aiting old man, and his eldcst son Mustalhwas regarded as tlrc heir apparcnt by public opinion. IIe was particularly popularr.i'idr t-hc Janissaries and tlre ulcma as a worthy successor to his father.

In fact' there was no succcssion law governing the inherirance of sultanicautJrority among the Ottomans; every membcr of the ruling rlynasty had a claimon thc right to rule; tlere existed neitlrer a primogeniture nor a senioratusprinciple of inlreritancc.23 According to the old Central Asian Turkic belief, tlrequestion as to who was to receive sovereign authority was determined by clivinekut (sa'atlu rn Arabic, meaning fortune, felicity). So, human attempts to makelaws for the succession to the throne were futile.

whocver established himself on the throne from among the sons of adecea-sed sult:ur was to be obeyed as the legitimate ruler, because his success was

a1-'On the closing of the kalenderbdnes, see S. Faroqhi, Der Bektarchi-Orden in Anarolien(Vienna: I98 | ), pp. 39-47.rrfnalcrk, "Osmanblarda.saltanat Veraseti Us0lLi ve Tiirk tlakinriyet Telikkisiyle Ilgisi,,, SiyasalIiilgiler Fakitlresi Dergisi l4 (1959). pp. 69-94.

7ZSTATIl, SOVEREIGN'l'Y n Nt) l-Aw

considcrecl as the proof that he wa.s chosen and supported by Gd. A Byz.antinehistorian Dukas wrote: "Among the Ottomans, whomcver kingship passcs to,whether it be from fathcr to son, or frotn brother to brother, itt short towhomever fortune aids, the ftrrls give faittrful allegiance to his new lcadcr." Ijven

the reigning sultan's arrangernents about his succession wcre disregartled in tlreface of this ancient be lief as sccn in Ottoman history {own to SiilcytnAn.

Another ancient T'urco-Mongol steppe radition was tltat the land is thejoint possession and inheritance of the Khan family and, accordingly, a divisionof the country among the membcrs of the dynasty was in order. Tlris old custonl"can be linked to the migratory tribal etlos and organiz.atiolt" of t.lrc 'l'urco-

Mongol peoples.24 Conquered territories were considered the private possessionof the nrter and would bc divided among tlre members of tlte dynasty. '[his

system of appanage, so pcnistent amonll tlre l'urco-Mongol stil(cs, was practiced

from the earliest timcs by the Ottomans, though it w:rs nrodified as tltc stalc alldsociety expanded and increasingly camc under tle inllucnce of t.lte sedentarycultures, particularly the Islamic-lranian. But, for a long titttc, cvcn underSiileymin, making arrangements for the succession to the thronc win rcgardcd asan interference with God's decision and witlr ,trrl. Ilrothcrs would somctimesopenly oppose tlre selection of onc from amongst thcm as tlte hcir apparenl andrebel. Stileymdn was careful not to express his wish in favor of alty onc of hissons even when he had his prcfcrcnce.

Over time, under the influencc of a public opinion wlticlt fclt no lottgcrstrictly bound with the traditions of the pastoralist Turkic background,modifications were introduced. Ottoman civil society, followirrg the Islatnictradition represented by thc ulenra, was particularly disturbed by the recurrentcrises and internecine wars as a result of tlris (-'cntral Asiatic traditiorl.

Passage of sovereign power to the new ruler was in rcality tltc outcottte ofthe struggle for power bctween various forces and existing itltcrcst groups. 11te

ulema class and thc Janissary corps wcre the nrost visible of suclt groups.lhougb not so visible, the urban population, particularly in tlc capital city, alsoinfluenced the process.

Biryezid Il carne to the thrunc through tlrc action of a factiotr supJxrrted bythe Janissaries. A pacific man by naturc, he was praiscd by burcaucrats as tltcrestorer of the shar'i principles in state gllicies, and of a grxxl adlninistration.which consolidated tlre territories conqucrcd by lris fathcr, Mehnrcd tlteConqueror. On tJre otlrer hand. Selinr I. Siileyrnin's father, wlto was a restlessconqueror, an impatient autocrat, who beat his viziers with his own hantls,bccame sultan only after a long struggle against a faction with tite support of tlte

t5

24tt'ia.

14 IJaIiI INALCIK

Janissaries. Sclim had to fight against his rival brorhers to seize the throne whileprince stileynriin was anxiously awaiting, in his governorship in Caffa, theoutconle of his father's struggle. Death for the loser and his sons was anincvitable end. when his own tenn camc, siileymin was lucky because he wasthe only son wlten lris father died. But his own sons trccarne rcstless when hewas getting old, artl they thought an appointment to a governorship nearest tolhe capiml was a spccial favor.

Wrile the Ottoman pddigih is considcred in total control, in actual fact,tlte bureaucracy surrounded hirn with rigicl principles ancl rules to maintain thesysteln' In 1581, tle historian and statesrnan 'Ali observed that ilre bcarer ofsovcreign power had to be alone, tlrat he could not slrare it wirl anybodyittcluding his own offspring. Ilc writcs: ".1}cy [rJrc Ottonran sultans] reside allby thcrnselvcs in a palacc likc unique jewels in tlre dcpth of rhe oyster-s6ell, andtotall)' sever all relations witlr rclatives and tlcpenden1s."25

'l}is situatiott bccarnc dramatically clcar irr thc rnost pathetic rlgrncnts ofStilcymin's life, whcn lte wiu told he lrad to executc his own sons, MusLafA andIlayezid, because tlte rules of the game required it fur thc preservation of tle unityof pxrwer ancl the salvation of the empire. In this dramatic moment, Ure fatlreraddressed hirnself to lris rebe llious son Biyezidin these pathetic words:26

"N{y son do n't craim thc Surtanate. It is God wrro givcs itto rvhonrever hc wisrres. God made me srrepherd over ail trreses.ubject pcople

'f mi'e. My onry desire is to eriminatc urc wolfthat tries ro hann ftem. God forbicl ir I intend to kill you withoutsin front you. Come, do

'ot say you arc innocent, conl-ess voursilrs lny son tlear to me like my own life.,,

D. DECISION MAKTNG IN TIIrr crrfOMAN GOVtsRNMENT

In this system of government, tlre ruler's personal attention to publicaffairs was considerecl of crucial inrporknce, an

l6 FIAIiI INALCIK

a ntle, rernained pcrsonal and patrimonial, somedring which was unavoidable inttris impcrial system.

II. Si]I-ilYMAN TI]11 LAwGIVER AND ''oT'I.oMAN LAw''

Siileyrruin was known as kinfint (lawgiver or law-abiding) already in hisown tinre. tle is glorified in tle inscription of his mosque as "Ndslriru knv,dninal-Sultdni1,ye," or the "Propagator of the Sultanic Laws."29 After his death,bureaucrats, in an effort to restore "tle good Ottoman laws," which were bclievedto be the underpinning of the ccntralist empire under SiileymAn, further enhancedhis rcputation as a lawgivcr and regarded his age as the golden age of law andordcr. In thc famous rescript of 1595, seeking to eradicate the injustices andabuses of power in the empire, Mehmed III declared that "formerly SultanStilcyrn6n Khan - may God place hinr in tlre highest of the paradises - in hisdays of justice enforcement had imperial law codes (kinftnndmes) written andplaccd ilt tlte courLs of tlre kaclis, and since they had complied witl iLs content, noone suffered injustice and oppression and everything was taken care of the bestway, and tlre subjects who are a trust by God lived in pace and prosperity."30

K1nfin, or sulLanic law, mcant a general nlling emanated from the will oftlic ruler.3l though indepcnderrtty enacted, alginiin,in principle, had to conforml.o the Islanic [^aw and had to deal with a case which was not covered by theSlrari'a. Legists addcd that kinfin should follow a custom or principle generallyacceptcd by tlte Islanric community as a basis of analogy. 'lhis intcrpretation oflgdnfrn is acceptablc by Flanafism, the most libcral Islarnic school of law.

Turkish rulers in genenl adopted Flanafism as the officially approved shar'isystctn in tJreir realm. Under Siileyrn0n, Hzurafism was declared, at lcast in theItcartlands of the entpire - Anatolia and Runrelia - as tlte exclusive school oflaw accor

78 IIAIiI INAI-CIK

-l'hat the sultanic legal system gained its final classical form unclerStilcynrAn, is confiflncd by thc fact that in the second half of the sixtccnthcentury, "ottomiur law" (kinfin-i'o;nfinf), was directly applied in the conqueredlands (llur)gary, Cyprus, Georgia), whire in thc earlier conquests, ottomanadnlinistration was tolcrant toward the pre-conquest laws and customs, thusaccepling a period of transition. Moreover, a strong Islamic influencc in makingsultanic laws conforming to ger'i principles, is visible in later codes (the non-Muslims, for exantplc, wcrc now paying one fifth of their agricultural produce asl.1aric instead of one eightlr or one tcnth.) Also CelAlzdde modified some of theprovisions of thc general code, thus introducing a more rigid definition of thestatus groups. All tlrese wcre in conformity witlr t}e donrinant trends whichItrosc utldcr Siilcynrin, i.c., a nlore strict uaditionalisnr arrd religious orthodoxy.'l-lris gcncral unifontrity in law was in accord witJr the inrpcrial standardizationcfforts itt t>tltcr arcit^s __ in weiglrts zurtl rncasures, currcncy, in urban :uttJ ruralorganizations, and in architecturc witjr its classica.l irnpcrial style.

E. PATRTMONTAI-IS M, I} URRAUC-RATZATION AND LAW-MA KING

Obviously, ltis tutor (lola) was responsible more than anyorrc else forStileynrfin's image of the ideal ruler and government. In ordcr to prepare them fortheir future responsibilities as rulers, it was a custom to send Ottoman princes toprovinces as govenlors whcn they reached the age of twelve, i.e., aflolescence(also see the custom of appanage above). An experienced and trustworrhy personwas assigtted as a lala Lo the prince. SUlcymdn's tutor was Cezcri KAsrm Paga,descended from a fantous fanrily of burcaucrats of Arab origin, who served theOttonrirn sultans as defterddr and nisdncl for more than a century and wereconsidcred tltc founders of tlre bureaucratic organization in the Ottoman srate.35Kisun lrimself, haoet, KAsrm must havehad a significant influence on Stileymin's training as an administrator and a rulerin the old Irani;rn tradition (thc Cezeri farnily hacl nrigrated to kan and Kflsrm hacllived in Slriraz for a long tirtre). Stileymdn rcspected his tutor. As soon asStilcynrdn succeeded his father, Koca Kisrm, then a very old man, was ma6e avizicr in thc inrperial divdn, and thus hc corrtinued to bc an a

80 FIAIiI INALCIK

One sectior) of the polity wherc the sullan's patrimonial disposition founda particular limiLation, was the Islamic institution. In principal, the ulema wereagailtst appointmcnts which wcre not in accordance with the established "path forulerna" ('ilniyye tartki). SiileymAn, ignoring the rules for promotion, ap;rointedhis favorite pocl Baki, to a religious professorship. The kidt 'asker's reminder ofthe regulations was overlookcd by the sultan. Howcver, Stileymdn's act wasrccorded by the ulema as an unusual and irregular interference.{

In an ernpire rvhere the ruler enjoyed such absolute fx)wer, the properfrrnctioning of tlre system as a whole depended on the personal qualities of ttremonruch. The authority of a ruler who was not apt to wield such an unlimitedlx)wer, ttrigltt actually bc appropriated or influcnccd by a burcaucratic faction orby dre ruler's closc relatives and favorites in the palace. 'l'lre analysts of tlreOttoman dccline gnint out tlnt under Si.ileynrAn's succcssors, this had indeed beenthe situation.4l Horvcver, historians question whether or not Stileymin himselfwas ahvays in full control, and was able to prevent inesponsible people aroundhiln, frottt cxploiting lris autlrority for their pcrsonal goals and intercsts. For tlreL)ttoman critics of tlre seventeenth century, in general Siileymdn was consciousof the inrporlancc of keeping supreme authority intact. An actual case ismenLioned to illustratc this point. Once, CeldlzAde, head of the governmentbureaus and a favorite, made critical remarks about the grand vizier SokolliMehmed Pala. Siileymiin becarne upset and banned him from his presence.42

Bureaucrat-historians criticized him for being too indulgent toward hisbeloved wife Iltirrern, and his &rughter Mihrirnin who influcnced him to eKecuteItis grand vizier Ibriilrim (d. 1536), and latcr his sons Muglal? and Biyezid, bomfrom otlcr womell. An intimate lettey'3 sent to StileymAn (possibly

82 IIaIiI INALCIK

dcvcloped fonn of a burcaucratiz.ed centralist empire, and the sultan had to showhirtrself as abiding by the laws lud regulations made in his name.

As thc main apparatus to keep the sources of rcvenue and ttre status ofgroups under control, tlre survey and registrauon (taltrir) system, constituted theundcrpinning of tlre Ottoman bureaucracy.45 In Ottom:ur bureaucratic procedure,any llcw ap1>ointment or grant, first had to be checked at the official survey book(defter) whctlter it. concented atindr, a kadiship, a tax-farm, or a guild office.Titus, defters werc kcpt in various departmenls of the government for timAr,vahrf, La.r-farms, or guilds, ulema etc. But the most important deften were thosemadc by country surveys (il tahriri) which recorded the tax payer's narne, each taxwitlt its sourcc and amount, immunities, and land holdings whether they wercsLatc- or privately-owned or errdowed in each administrative unit. In early deftcrs,tlte tirniir-holdcrs wcrc also listed. Under Siileymdn, through nisdnu Cclilz.ide'sefforts, surveys and book keeping rnethods became more sophisticated andreachcd tlcir perfect fornrs nevcr surpassed thereafter. Now, nlore often, separatcclcrftcn were dmrvn up for timAr-holders, vakrfs, ald pastoralists, in addition to thcdetailcd main survey book. Defter sizes were enlarged, arrangcment and scriptimprovcd, detailcd indexcs and other apparatus were added for a fastericlentifi cation of itcms.

During Si.ileym?rn's time general surveys comprising vast regions werentade : tltc sanciks of Rumelia and Anatolia in 1528, those of Eastern Anatolia in1540, tlose of l{ungary in 1545-1546, and thosc of Syria and Palcstine in 1525-1526 and 1538. A detailed survcy was made for each sancik immerJiately after itsconquest - the sanciiks beirrg the original, integrated administrativc-militaryunit. '[lic direct Ottoman administration was considered as establishcd in an arearvlren a suncdk begi and a kadi were apgrinted and a survey was carried out. Anent?n, a trustwortjry, expcricnced high officiat was apgrirrted to carry out fiesrlrvey. A scribal expcrt with knowledge of the indigenous tongue accompaniedItim. As describcd in afenndn containing instructions to the surveyor, a surveyin SUleyln?rn's t.irne was carricd out. asa follows:46

l. To begin Utc survey, the enin summoncd the local kadi and tilnir-holders in the kadi's are.a of iurisdiction.

2. Everyone in posscssion of a public revcnue source, - timAr-holders,possessors of free-hold or vakrf lands, tax-fanners - would hand ovcr to theenfn the pertillent dcruments in their hands.

a50. L. IJarkan, "I,es grands recensenrents de Ia population et du territoire de l'empire ottoman elles registres inrperiaux dc .sratisrique," Iktisat Fakiiltesi Mecmuasr 2 (1940-194 l). pp. 2l-34,168-178; Inalcrk. Siret-i Defter-i Soncak-i Amanid (Ankara: l9-54). pp. XItl - XXlll.16tt,ia., p. XIX.

STATE. SoVIiRIIIGNTY AND t-Aw tl3

3. Then the enfn would visit cach village. Sumnrorrirrg in his presencethe eldcrly, tlre hcads of the households, and thc tinrlr-holdcrs, he tlctcrnrincd thethrec years' produce of cach frcasant family and othcr taxes. thc surplus lronr thcamounls of the previous survey werc carcfully recordcd. It was rnost in)F)rl,alttthat all the prssible revenucs duc to the trcasury werc brought to light, and thatno pcrson or source of revenue was left out.

4. The tinrir-holder had to bring to thc preserrce of thc enin ,tll tlrc taxableadult male peasants in his timiir area. But it was forbiddcn to rcgis(cr the norr-taxablc minors and undcrestimate thc rcvenuc duc by taxable adults. 'lhose actingotherwise lost their timirs. If tlrere was any surplus found, it had to bc addctl tothc tirnAr-holdcr's incomc.

5. Until aftcr thc survey was conrplctcd ilnd prcscrrtcd to thc sultan'schancery. no motion f

84 HaIiI INALCIK

donresday books slrould bc considcred as an achievement as monumental as theSUleyrnaniye nrosque. 'lhe great gcnius behind this grandiose bureaucraticapparatus was the Koca Nif dnu CelilzAde who perfected the systent and createdclassic examples for future gencrations.

To a modern liberal mind, however, the negative aspects of the systemcannot remain unnoticed. 'l'he tahrir was designed to put every individual withinthe society in a status compartment. with defined obligations - taxes andserviccs - to the state. It bcst characla;eriz,ed the patrimonial-autocratic naturc ofthc Ottoman state. In fact, in the tahrtr came into conflict the two funtlamcntalgrlicics of the crnpire, nanrely tlre maximillization of the public revcnues on ilreone hand, and on the other, Arc 'addlet-i.rtindlefs policy, i.e., not uking taxesbeyorrd tlre capacity of the individual, and not causing discontent among there'AyA, the prcasants in particular. Nomads who resented being registered andbcing subject to paying taxes to an assigned government authority - the bcg,the tax-fanncr or vatrf -

were toLrlly against the tahrir. For $em, registrationmeant losinq their frecdorn and coming under the constant con(rol of thebureaucratic machine. T'o spare tlre peasant lrrpulalion, the main source of publicrevcnue, Ottonran bureaucracy cmployed nomads in all sorts of heavyundcrurkings, a^s a labor pool, in construction, cleaning and safeguarding of roadsand bridges, in mining arrd transportation, and forcing tlrem to dcliver animalproducts to ftc statc.

f)ue t0 the inadequatc means of commurrication, however, many subjectsnranaged to escape being rccorded in the tahrir, and thus avoid thc obligationswltich wcre imposed. Abandoning the village individually or en nlosse or hidingduring tlrc registration wcre tlre most common nrethods of escape. In ruggedItigltlands, poor iurd warlike people, the Albanians or tlre Turcomans had rccourseto arms in protest. It was ilre survcyor's over-assessment of tJte tax of a certainStigltin-ogh Koca's piece of land and the ill-treatment of tlre Ottoman autlroritiesthat set off tlre tcnible (alba.S uprising in thc large arca from Tarsus to Sivas irr[he surnmcr of 1527.'I'he surveyor and thc kadi were Ure first victims. In orderto suppress the insun'cction, annies had to be sent and final victory wascelcbrated as a m:rjor achicvcment.

43lstint,I,let, to win over by tolerance and generosity. was one of the fundamental maxims ofOttoman rule, without which we cannot explain the Ottonran expansion and admini.stration.

STAl'8. SOVF,REIGN'fY AND I,AW

III. TIlll SOCIO-ECONOMIC S1'RUCl'LIllt:

I. FCPULATION

As first suggested by Fernand f]raudel, and later dtxumcntccl by fte latcOmer L0tfi Barkan, the Ottoman empire shared the universal populationexplosion of the sixteenth ccntury.49 Hypotheses giving priority to climaticchanges, biological muhtion or economic expansion with improved worldwidccommunication, are suggested as being rcsponsible for this widcsprcadphenomenon. In any case, in the sixtcenth century, in thc westcnr half o[ tlreMeditenanean, Braudel finds tlre Jxrpulation doubled, with a rapid incrcase in tltefirst half of thc centurv.

Barkan, using Ottonlan survcys for utxation, firrds ahout two nrilliorrtaxable households in Asia Minor, Ottoman Runrcli, Syria and Palcstmc for theperiod 1520-1535. Ilis estimate of the non-taxable Jrrpulation not included in thesurveys is another one million households. Using a cocl'ficicnt of fivc pcrhousehold, he obtains a population of l5 million for tlrc entire pxrpulatiorr ilr thcafr;rementioned territories during $c first dccade of Stileyrrriirr's rcign. Iliscalculation of population growth bcing about sixty pcrcent, tlre ytpulalion ol' tlresame regions giles a grpulation figure of 24 nrillion at the tunr of the ccntury.Adding the newly conqucred lands under Siileyrnfin, he suggcsts a population ofabout 30 million for tlre whole enrpire. Rraudel's estirnate wa.s be tween 22-25million. Barkan also makes sugestions on ftc social structurc ol'tlris Jxrpulation.

A small percentage, less tlran ten pcrccnt, livcd irr tlrc citics, although tltcurban population growth rate was higher, about 83%,., during thc samc prirxl.'lhe Muslim pilstoralist population was quite siz.cable. Irr Anatolia it corrsisted ofabout 167o of tle entire Jnpulation. Its lnw ratc of increase of 387o against tlrcaverage rate of increase of 607o is cxplaincd by the accclerated scttlement of t]tepastoralists during this period. In absolute figurcs, thcre werc 1fl,56{ pastoralisthouscholds in Asia Minor in the pcriod l-520-1530, wlrilr: tlre (--lrristianpastoralists of the Ralkans, called ljflek, nurnbcrcd 34,970 houst:lrolds in l-5-l{).

The brcakdown of the Balkan Jxrpulation in tcrnrs of rcligion gives195,000 Muslirn households in conlrast wiUr 863.tX[ (]hristian households. Inofter words, in tlre pericld of 1520-1535 one liftlr of tlre Balkan prpulatron wasMuslim.

As Barkan himsclf adnrits, all thcse figures are olrly tcnlativc, b'c:cause ofthe particular clmracter of tlre Ottonran fiscal ccnsuses. But still, it is pos.siblc tr'r

49Sr. ty "lnrpact of the Annale.r School on Ottonran Studies and New Fin

86 IIAIiIINALCIK

asscrt. that high population growth was all undeniable fact during Stileymin'sreign. A closer examinaton of the populations of certain regiotts, Syria andPalestine by B. I-ewis, A. Cohen, and A. Bakhit; of Anatolia by M. Cook, H.lslalnollu, L. Erder and S. Faroqhi, secms to confirm this hypo0resis.

As for tlle socio-economic changes during this period, as related to theLropulation growth, we observe the following developments. In gencral thestudies mentioned above show that after a period of stagnation or declinehnmediately following the conquest, a period of boom in tlre economy and thepopulaLion began, which lasted to the 1550's.

An irnportant development is a dramatic cxtension of the cultivated landsin tlte ernpire. Survcys nrade undcr Siileyrndn indicatc that extensive amounls ofnew arablc land was put under cultivation tluring tJris time. The following is anexample of this dcvclopment.

Sirern (Synnia) rvas devastated and depopulated particularly during thepcriod l52l-1526.50 When it was annexcd in 1526, the Ottonrans encouragedscttlers, ilrrouglr tax excnlptions, to come and found villages. Rut we leam froma rcfrcrt of 1578,51 that at tlis time there were still vast tracks of unscttled arablcland (ifrAzdt). Also, peasant fzunilies in the existing villages were in smallnuntbers and tlie land in each prcasant's possession was much larger than theamount allowcd undcr the law. In addition, they claimed exclusive rights tocultivate lhc unsettled lands in the vicinity while private persons were proposingto bring pc.lsant familics and scttle. The surveyor askcd to be autlorized by tlesultan, to measure and delimit thc lands, so that new farnily farnrs could becrcated on the surplus lan,J Ofrdz). One reason for the frequent taftrtrs underSrileyrnAn, was such resettlements and the expansion of agriculture - amoverncnt which paralleled the population explosion.

Agricultural expansion may explain tle great quantity of surplus wheat inthc I-evant, and thc massive exports of cheap grain to Italy during t-he Turkishwlteat boom in the 1548-1564 pcriod. I{cre the question is whether the boomwas due to a long-term econonlic dcvelopment or to occasional factors. However,we have to keep in rnind that the increase in cultivated land can, at tlre sametime. be both the cause and the effect of population growth. What is to be notcdis that t}e state was activety and directly involved in the growth of agrarianecononry tlrrough the systematic application of iS re'dyd-giftlik (see infra) andscttletnent policy. Ilowever, we should also consider the fact tlrat the state'sdirect interest in this matter was fiscal and not economic. The concern of theOttomal bureaucrals was to create new sources of revenue fbr thc treasury, or for

508. M.Go* an,"Sirem Sarca(r Mufassal Tahrir Defteri, (Ankara: 1983), pp. LVI-[XI.5lD*kun, "Defter-i llakini" [krbot Fakriltesi Mecmuasr, vol. 2-2, p. 730.

STATE. SOVEREI(;NTY AND LAW

the timir system. The idea of a national, global economic dcvclopntcnt w&s atotally anachronistic notion for the sixtecnth century Ottontan enrpire. Althoughthe expansion o[ cultivaled lands is an undcniable fact, it appears 0rat it did notkeep pace with the population growtlt.

B. FCPULATION PRESSTIRE

Starting from thc mid

HAIiI INALCIK

First, all statc services, particularly the timariot army and navy expandedand inrproved, and dle patronage of art flourishccl.55 Second, urbanization maderapid headwly undcr Stilcyntfur. According to llarkan's calculatiorts, wltile thegcneral rate of grpulation incrcasc was about 60 pcrcent, it rcached 83 percent inthe cities. Population pressure in the countryside is suggcsted as one reason forthc migration from rural areas to towns. It coincided with the relaxation of thelaws prohihiting the pca.s.rnt to leave his home and the timir-holder for the town.As is wcll known, in order to preserve the specific agrarian and tax system,Ottonran laws in gencral made a legal distinction between the Sehirli (towndweller) arid tlre re'6yd (peasant) as distinct status groups. A timdr-holder wasauthorized to bring back a peasant to his home .village from his place ofimrnigration within fiftecn years. Now the time period was reduced to ten years.Bcsicles, lhc indcnrnification of tlre taxes due to ttre timAr-holder was easier tontcct undcr thc ncw cconomic conditions. In general, the growing cities becamemore and nlore attractive for tlre rural unemployed. Already under StileymAn,nlcasures were taken to check Lhe rural emigration.56 On the other hand,Stileynrin improved the living conditions in the cities, and in particular, gaveattention to tlte watcr supply system. Architects and experts frorn his watersupply division (su-,*olcilarr) wcre sent to such cities as Jerusalcm and Mccca toconsruct waterways and aqueducts which are still in use today. In addition, thereligious endownrent system was the nrain mechanism of building hospices,hospitals and o(hcr facilities in thc cities.57

Jltird, fte rural unenrployed could also become the source of discontcntand intcrnrittcnt briganrllgc ancl rcbcllions in the provinccs.5S We find ilrcm asnrercenarics undcr the nunes of yevmlil, or sekbdn, or strrco, who formed orjoirtcd Celdlt brigiurd bands once unemploycd, or took part in tltc uprisingswhich becanrc widcspre ad irr tlre second half of the sixteentlr century.

It is suggested that large numbers of unemployed peasant you0rs joinedorganization.s or created their own to fall upon and plundcr villages and townsthroughout Anatolia. First we find theln joining the yevrnlti groups who playedan imp

90 rialil lNAt.CrK

-lhc st^atc's role md its justification is, of c

92 tlalil INALCIK

cconomic cnd result of tiris agrarian system for fire average peasant household?Brucc McGowan's carcful examination of food supply and taxation of the averagepeasant household in the four Ottonnn sancdks of Siretn, Segedin, G'ula andScrncndire in t.lre perio