A General Overview of Property Law in The Ottoman State

Abstract

       Each legal system has adopted different understandings of the scope and nature of property rights. In order to understand the social, economic, administrative and political structure of a society, it is extremely important to examine its view of property, its regulations and practices regarding property in its legal system. The concept of property in the Ottoman Empire was shaped by Islamic law, granting individuals the right to own property. However, customary law also played a significant role in land ownership, particularly in miri land. The Ottoman land regime was essentially founded on miri land and its operating system, the timar system. The land regime adopted by the Ottoman Empire not only possessed regulations that made it unique from the legal systems of other states, but also represented a significant structure intertwined with the social, economic, administrative, and political structures of society. The timar system is generally compared in doctrine to the feudal order in Europe. However, unlike the lack of central authority, which was the most important reason for feudal structures, a very strong central authority prevailed in the Ottoman Empire. Furthermore, there are fundamental differences between the two systems.