Introduction Sources Harmonization and Sovereignty Property: Bundles and Layers 1. Lifelong tasarruf , Land Tenure Practices, and Law over the longue durée Ottoman territories and varieties of tenure for the military class Cultivator Tenure and its legal Systemization Military fiscal change and land tenure Land tenure rights trickle up The Old and the New 2. Conquering a New Terrain: Establishing the Sultan's Legislative Authority Texts and Contexts "Preserved in the Bayt al-Mal": Acquiring Land for the Treasury "Neither Tithe nor Kharaji ": The Status of the Land for Transaction and Tax Building a coherent law Conclusion 3. Canonical Voices: Discretion and analogy in the formation of the harmony tradition of land tenure Contexts of the Text Pir Mehmed and Sultanic Latitude The Formation of a Tradition: Deferential and not so Deferential Interpretation Conclusion 4. "The Books of Fiqh ": The Kanunname of Candia and the Consolidation of a New Doctrine in Hanafi Academic Texts Harmony at a crossroads The Kanunname of Candia as critique: Reinstituting the Hanafism of the "books" The Sultan as Legislator: texts, commentaries and fatwas The Change in Doctrine: the sultan has a choice Conclusion 5. The Age of the Mutasarrif s: Diffusion, Rights, and Discretion in the Eighteenth Century Background Convergence Expansive Transactions: Permission and Analogism Conclusion 6. From Harmony to Uniformity: Defensive Sovereignty and the Ottoman Nineteenth-Century Reforms Miri Tasarruf : Stability in a sea of change Creating a Normal Subject Codifying Islamic Law Defending Islam: From "built on the kanun " to "built on the fiqh " Conclusion Conclusion Bibliography.
Land and Legal Texts in the Early Modern Ottoman Empire : Harmonization, Property Rights and Sovereignty