Qanun (law)

Qanun or Kanun is an Arabic term that refers to laws established by Muslim sovereigns, especially the body of administrative, economic and criminal law promulgated by Ottoman sultans. It is used to contrast with sharia, the body of law elaborated by Muslim jurists. It is thus frequently translated as "dynastic law," and in Ottoman contexts as "sultanic law."

History

The idea of qanun entered the Muslim world in the thirteenth century, borrowed from the Mongol Empire 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 in 1258, a practice known to the Turks and Mongols transformed itself into Qanun, which gave power to caliphs, governors, and sultans alike to "make their own regulations for activities not addressed by sharia". 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.