Int. J. Middle East Stud. 45 (2013), 111–125
doi:10.1017/S0020743812001286
Guy Burak
DYNASTY, LAW, AND THE IMPERIAL PROVINCIAL
MADRASA: THE CASE OF AL-MADRASA
AL- UTHMANIYYA IN OTTOMAN JERUSALEM
Abstract
This study looks at the history of two madrasas in Jerusalem, al-Madrasa al-Uthmaniyya and
al-Madrasa al-Fanariyya from the 15th to the 18th centuries, in order to examine an understudied
Ottoman institution: the imperial provincial madrasa. The imperial madrasas were assigned to
the state-appointed Hanafi muftis of different localities across the empire. This essay argues that
these learning institutions helped to consolidate the connection between the Ottoman dynasty,
its appointed jurisconsults, and its broader imperial learned hierarchy. Beyond revealing some of
its important institutional aspects, examining the imperial provincial madrasa casts light on the
doctrinal role the Ottoman dynasty assumed in regulating the content of Hanafi jurisprudence that
members of the imperial learned hierarchy were to apply. This role and the connections between
the dynasty and its appointed jurisconsults had important effects within the diverse legal landscape
of the empire, where multiple Sunni (especially Hanafi) legal and scholarly traditions coexisted.
In further analyzing the identity of the endowers of these imperial madrasas, the article opens up
new avenues for exploring how the Ottoman dynasty was defined in different contexts.
This study explores some aspects of the connection between the Ottoman dynasty and
Islamic law by examining an understudied institution, the imperial provincial madrasa.
These madrasas, which were endowed in urban centers throughout the empire, usually
by members or servants of the Ottoman dynasty, were assigned to the state-appointed
jurisconsults (muftis) of different localities and provinces. Physically, the madrasas
inscribed into the Ottoman urban fabric the connection between the Ottoman dynasty
and its appointed jurisconsults; exploring this imperial practice reveals much about the
articulation of Islamic law in the Ottoman context.
The emergence of the imperial provincial madrasas along with the practice of appoint-
ing jurisconsults was part of the Ottoman dynasty’s development of an imperial learned
hierarchy. Starting in the second third of the 15th century, Ottoman sultans, through a
series of imperial edicts and regulations, organized and regulated a learned hierarchy
(or a religious-judicial establishment) with clearly defined career and training tracks.
The graduates of these tracks served as bureaucrats, judges, madrasa professors, and
Guy Burak is a fellow in the Islamic Legal Studies Program at Harvard Law School, Cambridge, Mass.; e-mail:
guy.burak@gmail.com
© Cambridge University Press 2013 0020-7438/13 $15.00