ХАНЕФИЈСКИ ФИКХ И МОДЕРНА СРПСКА ПРАВНА ИСТОРИЈА
HANAFI’S FIQH AND MODERN SERBIAN LEGAL HISTORY

Summary/Abstract: The state operates through its legal order. It is the legal order that reflects the nature of each and every state. In this regard, the nature of the state and its authorities in Serbia during the Osmanli reign were the reflection of the then existing laws and legal order. If one accepts this assumption, then we also have to admit that in its nature, the Osmanli state on Serbian soil at that time had the basic goal to realize the Islamic doctrine. All the legal acts passed by the Istanbul administration to ensure normal functioning of this state had the Islamic character. As most of those acts had been created long before the birth of the Osmanli state, they cannot be called Osmanli: these acts were not Osmanli by their origin or their essence. It is especially important to stress out that the intention behind them was not to maintain the Turkish national idea, as it was suggested by much of the historical synthesis concerning this period, but to secure the triumph of Islam. Therefore, the best name for the laws and regulations promulgated by the Istanbul administration during the Osmanli reign in Serbia would be the Islamic-Osmanli law. It should be called Islamic, because the largest part of this law is older than the Osmanli state, and its main goal was to secure the triumph of Islam. It should be called Osmanli, because it was implemented by the Osmanli dynasty at the territories governed by it.

• Details
• Contents