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Qanun is an
Arabic Arabic (, ' ; , ' or ) is a Semitic language spoken primarily across the Arab world.Semitic languages: an international handbook / edited by Stefan Weninger; in collaboration with Geoffrey Khan, Michael P. Streck, Janet C. E.Watson; Walter ...
word ( ar, قانون, translit=qānūn; ota, قانون, translit=kānūn, derived from grc, κανών, translit=kanōn, which is also the root for the modern English word "
canon Canon or Canons may refer to: Arts and entertainment * Canon (fiction), the conceptual material accepted as official in a fictional universe by its fan base * Literary canon, an accepted body of works considered as high culture ** Western ca ...
"). Qanun can refer to laws established by Muslim sovereigns, in particular the body of administrative, economic and criminal law promulgated by Ottoman sultans, in contrast to
sharia Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the H ...
, the body of law elaborated by Muslim jurists. It is thus frequently translated as "dynastic law."


History

The idea of ''qanun'' entered the Muslim World in the thirteenth century, borrowed from the
Mongol Empire The Mongol Empire of the 13th and 14th centuries was the largest contiguous land empire in history. Originating in present-day Mongolia in East Asia, the Mongol Empire at its height stretched from the Sea of Japan to parts of Eastern Europe, ...
following their invasions. The 10th sultan of the Ottoman Empire, Suleiman was known in the Ottoman Empire as Suleiman Kanuni ("the Lawgiver"), due to the laws he promulgated. After the fall of the
Abbasid Caliphate The Abbasid Caliphate ( or ; ar, الْخِلَافَةُ الْعَبَّاسِيَّة, ') was the third caliphate to succeed the Islamic prophet Muhammad. It was founded by a dynasty descended from Muhammad's uncle, Abbas ibn Abdul-Muttal ...
in 1258, a practice known to the
Turks Turk or Turks may refer to: Communities and ethnic groups * Turkic peoples, a collection of ethnic groups who speak Turkic languages * Turkish people, or the Turks, a Turkic ethnic group and nation * Turkish citizen, a citizen of the Republic ...
and
Mongols The Mongols ( mn, Монголчууд, , , ; ; russian: Монголы) are an East Asian ethnic group native to Mongolia, Inner Mongolia in China and the Buryatia Republic of the Russian Federation. The Mongols are the principal member ...
transformed itself into Qanun, which gave power to
caliphs A caliphate or khilāfah ( ar, خِلَافَة, ) is an institution or public office under the leadership of an Islamic steward with the title of caliph (; ar, خَلِيفَة , ), a person considered a political-religious successor to th ...
,
governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
s, and sultans alike to "make their own regulations for activities not addressed by ''sharia''".Berg, Herbert. "Islamic Law." ''Berkshire Encyclopedia of World History'' 3 (2005): 1030. In History Reference Center atabase online Available from Snowden Library. Retrieved February 11, 2008. This became increasingly important as the Middle East modernized, addressing problems of a modern state, which were not covered by sharia. The Qanun began to unfold as early as Umar I (586–644 CE). Many of the regulations covered by Qanun were based on financial matters or tax systems adapted through the law and regulations of territories Islam had conquered. Kanun took on significant importance during the period of modernization in the Ottoman Empire. Kanun and ''sharia'' did not contradict each other concerning administrative matters and so ''kanun'' was assimilated easily into Ottoman regulatory functions. Kanun promulgated by Ottoman sultans was used for financial and penal law. Under Sultan
Mehmed II Mehmed II ( ota, محمد ثانى, translit=Meḥmed-i s̱ānī; tr, II. Mehmed, ; 30 March 14323 May 1481), commonly known as Mehmed the Conqueror ( ota, ابو الفتح, Ebū'l-fetḥ, lit=the Father of Conquest, links=no; tr, Fâtih Su ...
(1451–1481), the kanun continued to be strictly applied for those practices. However, the influence of Abu ʾl-Suʿūd, the
grand mufti The Grand Mufti (also called Chief Mufti, State Mufti and Supreme Mufti) is the head of regional muftis, Islamic jurisconsults, of a state. The office originated in the early modern era in the Ottoman empire and has been later adopted in a num ...
of Istanbul from 1545 to 1574, kanun was expanded to deal with matters concerning property rights. Previously, property rights had been exclusively under the jurisdiction of ''sharia''. Despite that seeming contradiction, skillful bureaucrat allowed kanun and ''sharia'' to coexist harmoniously. The kanun retained its relevance in the Middle East regarding civil, commercial, administrative and penal laws. It influences the ways that ''sharia'' is reproduced.Linant de Bellefonds, Y., Cahen, Cl., İnalcık, Halil, and Ed. "Ḳānūn." ''Encyclopaedia of Islam'', Second Edition. Ed. P. Bearman et al. Brill Reference Online. Web. 12 Mar. 2018.


Etymology

The term derives itself from the Greek word . Originally having the less abstract meaning of "any straight rod," it later referred to any "measure or rule" in Greek. The word was then translated into and adopted by Arabic after the Ottoman Empire's conquest of Egypt under Sultan
Selim I Selim I ( ota, سليم الأول; tr, I. Selim; 10 October 1470 – 22 September 1520), known as Selim the Grim or Selim the Resolute ( tr, links=no, Yavuz Sultan Selim), was the Sultan of the Ottoman Empire from 1512 to 1520. Despite las ...
(ca. 1516). In the Ottoman Empire, the term still carried the word's original meanings of a system of tax regulation. However, it later came to also refer to "code of regulations" or "state law," a well-defined secular distinction to "Muslim law," known as ''sharia''.


See also

* Ottoman law * ''Qanun'' of Malaysia: ** Hukum Kanun Pahang, an attempt to codify the law in the
Pahang Sultanate The Pahang Sultanate ( Malay: ''Kesultanan Pahang'', Jawi: كسلطانن ڤهڠ ) also referred as the Old Pahang Sultanate, as opposed to the Modern Pahang Sultanate, was a Malay Muslim state established in the eastern Malay peninsula ...
**
Undang-Undang Melaka Undang-Undang Melaka ( Malay for 'Law of Melaka', Jawi: اوندڠ٢ ملاک ), also known as ''Hukum Kanun Melaka'', ''Undang-Undang Darat Melaka'' and ''Risalah Hukum Kanun'', was the legal code of Melaka Sultanate (1400-1511). It contains si ...
, the legal code of the
Malacca Sultanate The Malacca Sultanate ( ms, Kesultanan Melaka; Jawi script: ) was a Malay sultanate based in the modern-day state of Malacca, Malaysia. Conventional historical thesis marks as the founding year of the sultanate by King of Singapura, Parames ...
***
Undang-Undang Laut Melaka Undang-Undang Laut Melaka ( Malay for 'Maritime laws of Melaka', Jawi: ) was a legal code of Melaka Sultanate (1400–1511) that deals specifically on matters related to maritime laws and regulations, as well as nautical procedures concerning sea ...
, the section of the Malaccan legal code which dealt specifically with
maritime law Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between priv ...
* Qanun Aceh


References

{{Reflist Arabic words and phrases Islamic jurisprudence Legal systems Legal codes Islamic terminology Ottoman law