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A kadi (Ottoman Turkish: قاضی, kadı) was an official in the Ottoman Empire. In Arabic, the term qāḍī (قاضي) typically refers to judges who preside over matters in accordance with sharia Islamic law; under Ottoman rule, however, the kadi also became a crucial part of the imperial administration. After Mehmed II codified his Kanun, kadis relied on this dynastic secular law, local customs, and sharia to guide their rulings.^[1] Along with adjudicating over criminal and civil matters, the kadi oversaw the administration of religious endowments and was the legal guardian of orphans and others without a guardian.^[2] Although Muslims, in particular Muslim men, possessed a higher status in the kadi's court, non-Muslims and foreigners also had access to the judicial system.^[2] Under the Ottomans' initial system of feudal land grants, the timar system, the kadi served as an important check on the power of the local and regional military lords.^[3] Despite the unquestioned authority of the sultan, kadis possessed a certain degree of autonomy in their rulings.^[4]

Some kadis worked at various positions within the imperial administration but typically a kadi oversaw a jurisdiction called a kadiluk, usually consisting of a city and its surrounding villages. These territories were initially identical with kazas, the subdivisions of the empire's sanjuks, and the kadi oversaw a great deal of administrative work. Over time and particularly after the Tanzimat reforms of the 19th century, the administrative tasks of the kaza were given to a separate kaymakam and the kadi became solely occupied with legal matters.

Timar System

The Ottoman Empire was governed through a top-down hierarchy with all authority ultimately residing with the sultan but, as the empire began aggressively acquiring vast territories with diverse populations, the imperial authority adopted the timar ("land grant") system to ensure it would continue to be able to field an adequate military force, to maintain local control, and to provide the central authority with a stable flow of local taxes. Choosing from members of the ulema (religious and legal scholars),^[1] the berats of the sultan appointed a kadi to a district.^[4] Within each district, a bey from the military class carried out the sultan's executive authority while the kadi represented his legal authority. The division of power between these two authorities produced a delicate balance; the bey needed a kadi's judgement to punish a subject, and the kadi could not carry out his own rulings.^[5] Amy Singer, “It was to them that peasants brought their complaints of abusive behavior suffered at the hands of the sipahis and others.”^[6] Although the kadi also often abused their authority,^[6] the division of power allowed the tax paying class to have their grievances addressed without involving the far-away imperial authority. The power vested in the kadi allowed them to protect the legitimacy of the timar system while also securing the empire's tax base.^[7]

Autonomy

The delegation of power to the kadi from the sultan gave the kadi certain freedoms, especially concerning their application of the law, but also reaffirmed the sultan's authority. As noted by Ronald Jennings, “The imperial authority could easily have overshadowed or smothered the authority and initiative of the kadi. The Porte appointed kadis and dismissed them at will, set the bounds of judicial administrative units, and kept in regular correspondence with its kadis. Not many kadis would have dared to tempt the imperial will, and fewer still could have withstood its wrath.”^[8] Kadis followed the orders of the sultan and his court while retaining autonomy in their rulings. Due to this autonomy, the kadis played an important role in initiating change in Ottoman jurisprudence.^[9] A kadi's rulings did not extend beyond individual cases, but the way in which they applied laws often influenced the imperial authority's interpretation of the law. For example, judgments by kadi concerning certain cash endowments (waqf), which came under scrutiny due to the connection with interest and usury, eventually helped legitimize the practice.^[9] The extent to which a kadi could assert his own independence remains unclear, but they had enough leeway to help guide the development of Ottoman law.

References

^ ^a ^b Kafadar, Cemal (1994). The Ottomans and Europe. EJ Brill. p. 606.
^ ^a ^b van den Boogert, Maurits (2005). Capitulations and the Ottoman legal system: Qadis, Consuls and Beraths in the 18th Century. Brill academic publishers. p. 43.
^ van den Boogert, Maurits (205). Capitulations and the Ottoman Legal System : Qadis, Consuls and Beraths in the 18th Century. Brill Academic Publishers. p. 604.
^ ^a ^b Jennings, Ronald (1979). "Limitations of the Judicial Powers of the Kadi in 17th C. Kayseri". Studia Islamica.
^ Inalcik, Halil (1973). The Ottoman Empire The Classical Age 1300-1600. London, Weidenfeld & Nicolson. p. 183.
^ ^a ^b Singer, Amy (1994). Palestinian Peasants and Ottoman Officials. Cambridge University Press. p. 122.
^ Ergene, Bogac (2003). Local Court, Provincial Society and Justice in the Ottoman Empire : Legal Practice and Dispute Resolution in Cankiri and Kastamonu (1652-1744). Brill Academci Publishers. p. 101.
^ Jennings, Ronald (1979). "Limitations of the Judicial Powers of the Kadi in 17th C. Ottoman Kayseri". Studia Islamica.
^ ^a ^b Hoexter, Miriam (2007). Law, custom, and statute in the Muslim world : studies in honor of Aharon Layish. Brill Academic Publishers. p. 85.

[:0-1] Kafadar, Cemal (1994). The Ottomans and Europe. EJ Brill. p. 606.

[:1-2] van den Boogert, Maurits (2005). Capitulations and the Ottoman legal system: Qadis, Consuls and Beraths in the 18th Century. Brill academic publishers. p. 43.

[3] van den Boogert, Maurits (205). Capitulations and the Ottoman Legal System : Qadis, Consuls and Beraths in the 18th Century. Brill Academic Publishers. p. 604.

[:2-4] Jennings, Ronald (1979). "Limitations of the Judicial Powers of the Kadi in 17th C. Kayseri". Studia Islamica.

[5] Inalcik, Halil (1973). The Ottoman Empire The Classical Age 1300-1600. London, Weidenfeld & Nicolson. p. 183.

[:3-6] Singer, Amy (1994). Palestinian Peasants and Ottoman Officials. Cambridge University Press. p. 122.

[7] Ergene, Bogac (2003). Local Court, Provincial Society and Justice in the Ottoman Empire : Legal Practice and Dispute Resolution in Cankiri and Kastamonu (1652-1744). Brill Academci Publishers. p. 101.

[8] Jennings, Ronald (1979). "Limitations of the Judicial Powers of the Kadi in 17th C. Ottoman Kayseri". Studia Islamica.

[:4-9] Hoexter, Miriam (2007). Law, custom, and statute in the Muslim world : studies in honor of Aharon Layish. Brill Academic Publishers. p. 85.

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 {{About|the Ottoman official||Kadi (disambiguation){{!}}Kadi}}
 {{Taxation in the Ottoman Empire sidebar}}
-A '''''kadi''''' ({{lang-ar|قاضي}} ''{{transl|ar|DIN|[[qadi|qāḍī]]}}''; {{lang-tr|kadı}}) was an official in the [[Ottoman Empire]]. The term ''kadi'' refers to judges who preside over matters in accordance with Islamic law, but in the Ottoman Empire, the ''kadi'' also became a crucial part of the central authority's administrative hierarchy. After [[Mehmed the Conqueror|Mehmed II]] codified his ''kanun'', ''kadis'' relied on this dynastic secular law, local customs, and the ''[[sharia]]''- Islamic divine law- to guide their rulings.<ref name=":0">{{Cite book|title = The Ottomans and Europe|last = Kafadar|first = Cemal|publisher = EJ Brill|year = 1994|pages = 606}}</ref> Along with adjudicating over criminal and civil matters, the ''kadi'' oversaw the administration of religious endowments and was the legal guardian of orphans and others without a guardian.<ref name=":1">{{Cite book|title = Capitulations and the Ottoman legal system: Qadis, Consuls and Beraths in the 18th Century|last = van den Boogert|first = Maurits|publisher = Brill academic publishers|year = 2005|pages = 43}}</ref> Although Muslims, in particular Muslim men, possessed a higher status in the ''kadi’s'' court, non-Muslims and foreigners also had access to the judicial system.<ref name=":1" /> Within the Ottoman's provincial administrative system, known as the timar system, the ''kadi'' served as an important check on the power of the military class.<ref>{{Cite book|title = Capitulations and the Ottoman Legal System : Qadis, Consuls and Beraths in the 18th Century|last = van den Boogert|first = Maurits|publisher = Brill Academic Publishers|year = 205|pages = 604}}</ref> Despite the unquestioned authority of the sultan, ''kadis'' possessed a certain degree of autonomy in their rulings.<ref name=":2">{{Cite journal|last = Jennings|first = Ronald|date = 1979|title = Limitations of the Judicial Powers of the Kadi in 17th C. Kayseri|journal = Studia Islamica}}</ref>
+A '''kadi''' ({{langx|ota|{{linktext|قاضی}}}}, {{translit|ota|kadı}}) was an official in the [[Ottoman Empire]]. In [[Arabic language|Arabic]], the term {{translit|ar|[[qadi|qāḍī]]}} ({{lang|ar|{{linktext|قاضي}}}}) typically refers to judges who preside over matters in accordance with [[sharia]] [[Islamic law]]; under Ottoman rule, however, the kadi also became a crucial part of the imperial administration. After [[Mehmed the Conqueror|Mehmed II]] codified his ''[[qanun (law)|Kanun]]'', kadis relied on this dynastic secular law, local customs, and sharia to guide their rulings.<ref name=":0">{{Cite book|title = The Ottomans and Europe|last = Kafadar|first = Cemal|publisher = EJ Brill|year = 1994|pages = 606}}</ref> Along with adjudicating over criminal and civil matters, the kadi oversaw the administration of religious endowments and was the legal guardian of orphans and others without a guardian.<ref name=":1">{{Cite book|title = Capitulations and the Ottoman legal system: Qadis, Consuls and Beraths in the 18th Century|last = van den Boogert|first = Maurits|publisher = Brill academic publishers|year = 2005|pages = 43}}</ref> Although Muslims, in particular Muslim men, possessed a higher status in the kadi's court, non-Muslims and foreigners also had access to the judicial system.<ref name=":1" /> Under the Ottomans' initial system of feudal land grants, the ''[[timar]]'' system, the kadi served as an important check on the power of the local and regional military lords.<ref>{{Cite book|title = Capitulations and the Ottoman Legal System : Qadis, Consuls and Beraths in the 18th Century|last = van den Boogert|first = Maurits|publisher = Brill Academic Publishers|year = 205|pages = 604}}</ref> Despite the unquestioned authority of the sultan, kadis possessed a certain degree of autonomy in their rulings.<ref name=":2">{{Cite journal|last = Jennings|first = Ronald|date = 1979|title = Limitations of the Judicial Powers of the Kadi in 17th C. Kayseri|journal = Studia Islamica}}</ref>
+Some kadis worked at various positions within the imperial administration but typically a kadi oversaw a jurisdiction called a [[kadiluk]], usually consisting of a city and its surrounding villages. These territories were initially identical with [[kaza]]s, the subdivisions of the empire's [[sanjuk]]s, and the kadi oversaw a great deal of administrative work. Over time and particularly after the [[Tanzimat]] reforms of the 19th century, the administrative tasks of the kaza were given to a separate [[kaymakam]] and the kadi became solely occupied with legal matters.
-A ''kadi''{{'}}s territory was called a ''[[kadiluk]]''; there could be several ''kadiluks'' in a province (''[[sanjak]]''). Each sub-province or ''[[kaza]]'', governed by a ''[[kaymakam]],'' had a ''kadı'' (though not every ''kadı'' was assigned to one ''kaza'', and the boundaries would shift over time).
+== Timar System ==
-== Relation to the [[timar]] system ==
+{{main|Timar}}
-The Ottoman Empire was governed through a top-down hierarchy with all authority ultimately residing with the sultan. As the empire began aggressively acquiring vast territories with diverse populations, the imperial authority adopted the timar system to rule over these lands and foster a steady source of tax revenue. Choosing from members of the ''[[Ulama|ulema]]'' (religious and legal scholars),<ref name=":0" /> the {{lang|tr|berats}} of the sultan appointed a kadi to a district.<ref name=":2" /> Within each district, a ''bey'' from the military class carried out the sultan's executive authority while the ''kadi'' represented his legal authority. The division of power between these two authorities produced a delicate balance; the bey needed a ''kadi’s'' judgement to punish a subject, and the ''kadi'' could not carry out his own rulings.<ref>{{Cite book|title = The Ottoman Empire The Classical Age 1300-1600|last = Inalcik|first = Halil|publisher = London, Weidenfeld & Nicolson|year = 1973|pages = 183}}</ref> According to [[Amy Singer (historian)|Amy Singer]], “It was to them that peasants brought their complaints of abusive behavior suffered at the hands of the ''[[sipahi]]s'' and others.”<ref name=":3">{{Cite book|title = Palestinian Peasants and Ottoman Officials|last = Singer|first = Amy|publisher = Cambridge University Press|year = 1994|pages = 122}}</ref> Although the ''kadi'' also often abused their authority,<ref name=":3" /> the division of power allowed the tax paying class to have their grievances addressed without involving the far-away imperial authority. The power vested in the ''kadi'' allowed them to protect the legitimacy of the timar system while also securing the empire's tax base.<ref>{{Cite book|title = Local Court, Provincial Society and Justice in the Ottoman Empire : Legal Practice and Dispute Resolution in Cankiri and Kastamonu (1652-1744)|last = Ergene|first = Bogac|publisher = Brill Academci Publishers|year = 2003|pages = 101}}</ref>
+The Ottoman Empire was governed through a top-down hierarchy with all authority ultimately residing with the sultan but, as the empire began aggressively acquiring vast territories with diverse populations, the imperial authority adopted the ''[[timar]]'' ("land grant") system to ensure it would continue to be able to field an adequate military force, to maintain local control, and to provide the central authority with a stable flow of local taxes. Choosing from members of the ''[[Ulama|ulema]]'' (religious and legal scholars),<ref name=":0" /> the {{lang|tr|berats}} of the sultan appointed a kadi to a district.<ref name=":2" /> Within each district, a [[bey]] from the military class carried out the sultan's executive authority while the kadi represented his legal authority. The division of power between these two authorities produced a delicate balance; the bey needed a kadi's judgement to punish a subject, and the kadi could not carry out his own rulings.<ref>{{Cite book|title = The Ottoman Empire The Classical Age 1300-1600|last = Inalcik|first = Halil|publisher = London, Weidenfeld & Nicolson|year = 1973|pages = 183}}</ref> [[Amy Singer (historian)|Amy Singer]], “It was to them that peasants brought their complaints of abusive behavior suffered at the hands of the [[sipahi]]s and others.”<ref name=":3">{{Cite book|title = Palestinian Peasants and Ottoman Officials|last = Singer|first = Amy|publisher = Cambridge University Press|year = 1994|pages = 122}}</ref> Although the kadi also often abused their authority,<ref name=":3" /> the division of power allowed the tax paying class to have their grievances addressed without involving the far-away imperial authority. The power vested in the kadi allowed them to protect the legitimacy of the ''timar'' system while also securing the empire's tax base.<ref>{{Cite book|title = Local Court, Provincial Society and Justice in the Ottoman Empire : Legal Practice and Dispute Resolution in Cankiri and Kastamonu (1652-1744)|last = Ergene|first = Bogac|publisher = Brill Academci Publishers|year = 2003|pages = 101}}</ref>
-== Autonomy of the ''kadis'' ==
+== Autonomy==
+The delegation of power to the kadi from the sultan gave the kadi certain freedoms, especially concerning their application of the law, but also reaffirmed the sultan's authority. As noted by Ronald Jennings, “The imperial authority could easily have overshadowed or smothered the authority and initiative of the kadi. The Porte appointed kadis and dismissed them at will, set the bounds of judicial administrative units, and kept in regular correspondence with its kadis. Not many kadis would have dared to tempt the imperial will, and fewer still could have withstood its wrath.”<ref>{{Cite journal|last = Jennings|first = Ronald|date = 1979|title = Limitations of the Judicial Powers of the Kadi in 17th C. Ottoman Kayseri|journal = Studia Islamica}}</ref> Kadis followed the orders of the sultan and his court while retaining autonomy in their rulings. Due to this autonomy, the kadis played an important role in initiating change in Ottoman jurisprudence.<ref name=":4">{{Cite book|title = Law, custom, and statute in the Muslim world : studies in honor of Aharon Layish|last = Hoexter|first = Miriam|publisher = Brill Academic Publishers|year = 2007|pages = 85}}</ref> A kadi's rulings did not extend beyond individual cases, but the way in which they applied laws often influenced the imperial authority's interpretation of the law. For example, judgments by kadi concerning certain cash endowments (''[[waqf]]''), which came under scrutiny due to the connection with interest and usury, eventually helped legitimize the practice.<ref name=":4" /> The extent to which a kadi could assert his own independence remains unclear, but they had enough leeway to help guide the development of [[Ottoman law]].
-The delegation of power to the ''kadi'' from the sultan gave the ''kadi'' certain freedoms, especially concerning their application of the law, but also reaffirmed the sultan's authority. As noted by Ronald Jennings, “The imperial authority could easily have overshadowed or smothered the authority and initiative of the ''kadi''. The Porte appointed ''kadis'' and dismissed them at will, set the bounds of judicial administrative units, and kept in regular correspondence with its ''kadis.'' Not many kadis would have dared to tempt the imperial will, and fewer still could have withstood its wrath.”<ref>{{Cite journal|last = Jennings|first = Ronald|date = 1979|title = Limitations of the Judicial Powers of the Kadi in 17th C. Ottoman Kayseri|journal = Studia Islamica}}</ref> ''Kadis'' followed the orders of the sultan and his court while retaining autonomy in their rulings. Due to this autonomy, the ''kadis'' played an important role in initiating change in Ottoman jurisprudence.<ref name=":4">{{Cite book|title = Law, custom, and statute in the Muslim world : studies in honor of Aharon Layish|last = Hoexter|first = Miriam|publisher = Brill Academic Publishers|year = 2007|pages = 85}}</ref> A ''kadi’s'' rulings did not extend beyond individual cases, but the way in which they applied laws often influenced the imperial authority's interpretation of the law. For example, judgments by ''kadi'' concerning certain cash endowments (cash-waqfs), which came under scrutiny due to the connection with interest and usury, eventually helped legitimize the practice.<ref name=":4" /> The extent to which a ''kadi'' could assert his own independence remains unclear, but they had enough leeway to help guide the development of Ottoman law.
 ==References==
-{{reflist}}
+{{reflist|30em}}
 {{Ottoman Empire topics}}
-{{Italic title}}
 {{DEFAULTSORT:Kadi}}
 [[Category:Government of the Ottoman Empire]]
 [[Category:Sharia judges|*]]
-[[Category:Ottoman law]]
+[[Category:Law of the Ottoman Empire]]