ABSTRACT

This chapter argues that this happened at a number of levels: the kadi lost his preponderant role in society, Islamic law and its specific character gradually faded away, the magistrate's decision-making practice was replaced by a more western-oriented 'rational' practice, and his ability to operate on multiple levels of reality also became less relevant. During the Tanzimat, the most important structural changes which affected the magistrates emerged from the work of many committees of officials where the new principles of reform were elaborated by decree. The Tanzimat model, which relegated the magistrate to settle disputes rather than think of the constitution of society, was not only demotion but an erosion of basic Ottoman political theory. The new officials of the Tanzimat were determining the equipoise of society with what some may as a somewhat thin legitimation, but the real point is that the concept of law as justice and justice as the; justification of political authority and power was disappearing.