Kent F. Schull
- Published in print:
- 2014
- Published Online:
- January 2015
- ISBN:
- 9780748641734
- eISBN:
- 9781474400886
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748641734.003.0002
- Subject:
- Religion, Islam
Chapter One provides a brief overview of the early modern Ottoman legal system and its transformation during the long nineteenth century with special emphasis on the creation of a comprehensive ...
More
Chapter One provides a brief overview of the early modern Ottoman legal system and its transformation during the long nineteenth century with special emphasis on the creation of a comprehensive criminal justice system including policing and surveillance, new courts, penal codes, and prisons. The purpose of this chapter is to highlight the relationship between prisons and the transformation of Ottoman criminal justice, especially the links between the Imperial Ottoman Penal Code and incarceration. This transformation was fully rooted in past legal practices while also appropriating and adapting new legal policies from abroad. This process of transformation does not represent an Ottoman progressive march towards Westernisation and secularisation, but one that consciously reinterpreted its Islamic legal system and transformed it through the application of modern methods of governance, such as legal codification, administrative centralisation, the rationalisation and standardisation of legal practice, and the utilisation of incarceration as the primary form of punishment for criminal behaviour.Less
Chapter One provides a brief overview of the early modern Ottoman legal system and its transformation during the long nineteenth century with special emphasis on the creation of a comprehensive criminal justice system including policing and surveillance, new courts, penal codes, and prisons. The purpose of this chapter is to highlight the relationship between prisons and the transformation of Ottoman criminal justice, especially the links between the Imperial Ottoman Penal Code and incarceration. This transformation was fully rooted in past legal practices while also appropriating and adapting new legal policies from abroad. This process of transformation does not represent an Ottoman progressive march towards Westernisation and secularisation, but one that consciously reinterpreted its Islamic legal system and transformed it through the application of modern methods of governance, such as legal codification, administrative centralisation, the rationalisation and standardisation of legal practice, and the utilisation of incarceration as the primary form of punishment for criminal behaviour.
Kent F. Schull
- Published in print:
- 2014
- Published Online:
- January 2015
- ISBN:
- 9780748641734
- eISBN:
- 9781474400886
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748641734.001.0001
- Subject:
- Religion, Islam
Ottoman or ‘Turkish’ prisons regularly conjure images of Oriental brutality in Western imaginations. Contrary to this stereotypical image, Ottoman prisons were sights of immense reform and ...
More
Ottoman or ‘Turkish’ prisons regularly conjure images of Oriental brutality in Western imaginations. Contrary to this stereotypical image, Ottoman prisons were sights of immense reform and contestation during the nineteenth century. In fact, prisons were key components for Ottoman nation-state construction and acted as ‘microcosms of modernity’ wherein many of the pressing questions of Ottoman modernity played out. These included administrative centralisation, the rationalisation of Islamic criminal law and punishment, issues of gender and childhood, prisoner rehabilitation, bureaucratic professionalization, identity, and social engineering. This work juxtaposes state mandated reform with the reality of prison life and investigates how these reforms affected the lives of local prison officials and inmates. These individuals actively conformed, contested, and manipulated new penal policies and practices for their own benefit. This work, therefore, heavily critiques Michele Foucault’s approach to punishment, state power, and society by demonstrating that penal institutions are not just instruments of social control and domination, but are complex social institutions that act as effective windows into broader cultural, ideological, and social issues during this volatile time in late Ottoman history. Key issues dealt with in this book include juvenile delinquents, female prisoners and gendered incarceration, corruption and prisoner abuse, and the transformation of Islamic criminal law.Less
Ottoman or ‘Turkish’ prisons regularly conjure images of Oriental brutality in Western imaginations. Contrary to this stereotypical image, Ottoman prisons were sights of immense reform and contestation during the nineteenth century. In fact, prisons were key components for Ottoman nation-state construction and acted as ‘microcosms of modernity’ wherein many of the pressing questions of Ottoman modernity played out. These included administrative centralisation, the rationalisation of Islamic criminal law and punishment, issues of gender and childhood, prisoner rehabilitation, bureaucratic professionalization, identity, and social engineering. This work juxtaposes state mandated reform with the reality of prison life and investigates how these reforms affected the lives of local prison officials and inmates. These individuals actively conformed, contested, and manipulated new penal policies and practices for their own benefit. This work, therefore, heavily critiques Michele Foucault’s approach to punishment, state power, and society by demonstrating that penal institutions are not just instruments of social control and domination, but are complex social institutions that act as effective windows into broader cultural, ideological, and social issues during this volatile time in late Ottoman history. Key issues dealt with in this book include juvenile delinquents, female prisoners and gendered incarceration, corruption and prisoner abuse, and the transformation of Islamic criminal law.
Simon Butt and Tim Lindsey
- Published in print:
- 2018
- Published Online:
- October 2018
- ISBN:
- 9780199677740
- eISBN:
- 9780191757242
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199677740.003.0010
- Subject:
- Law, Constitutional and Administrative Law
The sources of Indonesian criminal law are numerous. The backbone of substantive criminal law is the Criminal Code (KUHP), which was first applied in Indonesia during Dutch colonialism in 1918 and ...
More
The sources of Indonesian criminal law are numerous. The backbone of substantive criminal law is the Criminal Code (KUHP), which was first applied in Indonesia during Dutch colonialism in 1918 and endorsed in 1946, after Independence. Today, most of this Code remains intact but for a handful of additions and deletions. Criminal law reform has proceeded largely through enactment of ‘special criminal laws’ governing particular offences. The government has, for many years, recognized that the Code is out-of-date, and replacements have been drafted and debated but none agreed upon. The most recent draft, which this chapter discusses, retains or adds controversial offences, including defamation, prostitution, homosexuality, and blasphemy. Meanwhile, Aceh province has had authority to impose its own criminal laws, based on Islamic law, since 2006. These are, by modern standards, archaic and appear to breach a range of human rights, both domestic and international.Less
The sources of Indonesian criminal law are numerous. The backbone of substantive criminal law is the Criminal Code (KUHP), which was first applied in Indonesia during Dutch colonialism in 1918 and endorsed in 1946, after Independence. Today, most of this Code remains intact but for a handful of additions and deletions. Criminal law reform has proceeded largely through enactment of ‘special criminal laws’ governing particular offences. The government has, for many years, recognized that the Code is out-of-date, and replacements have been drafted and debated but none agreed upon. The most recent draft, which this chapter discusses, retains or adds controversial offences, including defamation, prostitution, homosexuality, and blasphemy. Meanwhile, Aceh province has had authority to impose its own criminal laws, based on Islamic law, since 2006. These are, by modern standards, archaic and appear to breach a range of human rights, both domestic and international.
