The Issue of Immunity (Serbestiyet) and the Clash of Property Claims Between Waqf and Mîrî

Authors : Ayşegül Çimen

Pages : 81-116

Doi:10.26570/isad.1526617

View : 203 | Download : 154

Publication Date : 2025-01-20

Article Type : Research Paper

Abstract :This article problematizes the issue of immunity i.e. free-status (serbestiyet) in the Ottoman land regime in the early modern period. It focuses on waqf lands and evaluates the fief (timâr) and property (mülk) lands, examining the types of taxes or revenues associated with immunity from theoretical and practical perspectives. The regulations about immunity, exemption (muâfiyet), dues of immunity (rüsûm-ı serbestiye), customary dues (tekâlîf-i örfiyye), and the subjects (reaya) in free status lands in relation to these are examined through the kânunnâmes, court registers, and archival documents. The research results indicate that some exceptional regulations and practices do not correspond to the general formula of immunity. Aiming to present some possible explanations for that phenomenon, it emphasizes the significance of legal arrangements for revenue sharing that divided and redistributed revenue clusters in favor of local groups. Accordingly, it focuses on issues like reconciling Ottoman local administration and military organization and ensuring the cohesion of different corporate and social groups (ethnic, military, religious, etc.). Finally, the practices (such as bequests, gifts, and will) of the individuals who resided on free-status waqf lands are examined through sample cases. These practices caused conflicting property claims between the waqf and mîrî despite not violating the law.
Keywords : serbestiyet, vergi, beytülmâl, kanun, vakıf