Osmanlı Malikane Düzeninin Hukuki Temelleri / The Legal Basis of Ottoman Malikane System (original) (raw)

The mālikāne system, which denotes an arrangement of lifetime tax-farming (iltizām), was implemented by an edict issued in 1695. With this practice, the mālikāne owners acquired a revenue stream they could treat as if it were their own possession. This study examines the historical and legal foundations of the mālikāne system. The study begins with an analysis of the edict’s declarations, which disclose the fundamental basis of the system. It asserts that the mālikāne is recognised as legally preferable (mustaḥsan), that its legitimacy stems from the treasury’s requirements, and the customary tax farming techniques in Egypt, where was accepted custom (‘urf). The edict specified that a sum known as ḥulwān, comparable to the advanced payment (mu‘ajjalah) in the mālikāne system, is collected from the tax farmers. This study aims to identify the characteristics of the iltizām practice in Egypt and uncover its parallels within the mālikāne system. In contrast to the Ottoman central lands, the iltizām system in Egypt extended beyond the right to collect taxes, with the tax farmer assuming the role of regional administrator. The right to iltizām is permanent for the duration of the tax farmer’s life, but can be inherited by his family upon his demise. In order to receive an iltizām, an individual is required to submit a payment known as the ḥulwān. When the authority of the Egyptian governor was diminished in the face of local forces, ḥulwān was regarded as an indication of the dominance of the Ottoman administration in Egypt. Notable among the acts resembling the mālikāne in Islamic law and tradition are qabālah and ḍamān. Furthermore, it has been noted that Ottoman Shaykh al-Islāms deemed iltizām contracts as illegitimate. Finally, an analysis is conducted on the practices in the Ottoman Empire that granted extensive rights to individuals, and the practice of twin-rents (ijāratayn) stands out due to its notable similarity to the mālikāne. Consequently, it is evident that the mālikāne system has its roots in the previously established iltizām system in Egypt and the mālikāne system gained approval through the endorsement of the Shaykh al-Islām, who deemed it necessary and in accordance with Egyptian customs.