From the Pages of the Defter (ص 70)

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From the Pages of the Defter (ص 70)

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the post-Tanzimat, Ottoman judiciary as a legally pluralistic system. Each scholar has
supported his/her argument with multi-jurisdictional cases, those that fell, in Rubin’s words,
into “grey areas” between the separate jurisdictions of the reform-era nizamiye and sharia
courts. Both researchers independently found that in such legally ambiguous cases, litigants
could choose the forum in which they wanted to have their case heard. ’"®.Of course, it is
pertinent when considering this pluralism to recall that it was not only the nizamiyye courts
that applied the Mecelle (Civil Code) of 1869. This Civil Code was also used in the sharia
courts, as will be seen in Chapter Four. Further, it can be argued that “forum shopping”, as
Agmon and Rubin describe it, has its roots in earlier Ottoman practice.
Bogac Ergene, for example, has shown in his studies of two Anatolian courts in the
seventeenth and eighteenth centuries that court clients were not bound to the
geographically proximate court. Geographical jurisdictions were not a part of the sharia
courts network. Rather, individuals were free to (strategically) choose to which sharia court
to take their cases.”
In Hebron’s court as well, in the late nineteenth century one can
observe that litigants from outside the Hebron district brought their cases to be heard in
Hebron, seemingly for the same reasons Ergene identified in Anatolian courts — strategy,
"8 Iris Agmon, Family & Court: Legal Culture and Modernity in Late Ottoman Palestine (Syracuse: Syracuse
University Press, 2006): 74. Avi Rubin, Ottoman Nizamiye Courts: Law and Modernity. (New York:
Palgrave Macmillan, 2011).Chapter 2.
9 Bogac Ergene, Local Court, Provincial Society and Justice in the Ottoman Empire: Legal Practice and
Dispute Resolution in Cankiri and Kastamonu (1652-1744), (Leiden: Brill, 2003), Appendix.
53

هو جزء من

From the Pages of the Defter

تاريخ

٢٠١٦

المنشئ

Susynne McElrone

مجموعات العناصر

Generated Pages Set

Theses رسائل ماجستير ودكتوراه