Download Prisons in the late Ottoman Empire : microcosms of modernity by Kent F. Schull PDF
By Kent F. Schull
Opposite to the stereotypical pictures of torture, narcotics and brutal sexual behaviour often linked to Ottoman (or 'Turkish') prisons, Kent F. Schull argues that those areas have been websites of titanic reform and contestation through the nineteenth century. He indicates that they have been key elements for Ottoman countryside building and acted as 'microcosms of modernity' for broader imperial transformation. It used to be in the partitions of those prisons that the various urgent questions of Ottoman modernity have been labored out, equivalent to administrative centralisation, the rationalisation of Islamic felony legislation and punishment, problems with gender and formative years, prisoner rehabilitation, bureaucratic professionalisation, identification and social engineering.
Juxtaposing state-mandated reform with the truth of legal existence, the writer investigates how those reforms affected the lives of neighborhood criminal officers and inmates, and exhibits how those contributors actively conformed, contested and manipulated new penal guidelines and practices for his or her personal profit
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Example text
Zbek, ‘Policing the Countryside’. 8–11. 21. Adopted as the empire’s official civil code in 1877, the Mecelle represents the first systematic attempt to codify and modernise Islamic civil law (shari’a) according to Hanafi jurisprudence. It was prepared and written from 1869–76 by a commission directed by Ahmet Cevdet Pasha and consists of sixteen volumes containing 1,851 articles. For a detailed discussion of the creation of the Mecelle and its affect on the practice of Islamic law, see Messick, Calligraphic State.
All versions of the article deal with the crime of kidnapping children and girls at the age of puberty. The most significant changes consisted of, first, expanding the victims of kidnapping to include adults as well as children; second, expanding the victims of kidnapping to include males as well as females; third, even though victims now included both sexes, female victims were still the primary focus of the article; fourth, altering the criteria for determining a child’s criminal culpability – originally determined by the commencement of puberty according to Islamic law, it was now set uniformly at the age of fourteen; and, finally, unlike the 1858 version of Article 206, the 1911 version removed all jurisdictions regarding ‘Crimes of Honour’ from shari’ courts.
By the middle of the nineteenth century, incarceration with hard labour, however, no longer involved serving in the galleys at the Imperial Shipyards, although it maintained the name kürek. 25 By the early twentieth century, the Ottoman Prison Administration built prison factories in major urban areas. 26 24 The Age of Modernity, 1839–1922 In the age of modernity there is an inherent logic found in bureaucratic and administrative standardisation and centralisation. Ottoman sultans and administrators shared this global logic and applied it to their imperial context.