A Document on the Historical Placement of Asahh Al-Aqwal in the Ottoman Period: Sadi Çelebi's Treatise on Iqrar Emphasizing Commitment to the Hanafi School

Abstract

Following the formation of the Islamic legal schools, legal issues were resolved through istidlal. During the Ottoman period, this intra-madhhab reasoning activity corresponded to the issuance of fatwas. The Ottoman fatwa, which was under the authority of civilian scholars, muftis, and Shaykh al-Islam, performed the dual task of continuing the Hanafi fiqh tradition and being a tool of change by updating it, and brought dynamism to fiqh. In the Ottoman period, the fatwa constituted a significant domain of authority and was therefore regulated within a defined procedural framework. The fiqh and adab al-mufti literature, which had been developed in earlier centuries to systematize the methodology of issuing fatwas, continued to serve as the primary reference, while additional works were also produced in this tradition. This corpus primarily provided theoretical guidelines concerning the principles and procedures of issuing legal opinions. Nevertheless, the Ottoman context also gave rise to a distinct body of literature that extended beyond theory and reflected the practice itself-namely, the compilations of fatwas actually delivered by Ottoman muftis. The various forms of authored fatwas warrant separate scholarly investigation. The Ottoman methodology of issuing fatwas differed from the formative period of Islamic jurisprudence, and for this reason, the distinctive literary forms of Ottoman fatwas require separate scholarly examination. At this juncture, the fetva mecmualari (fatwa collections), which compiled the rulings of a single mufti or a group of muftis, came to the forefront as representative works of this genre. These collections typically provide brief answers to legal questions, often in the form of simple statements such as 'permissible' or 'impermissible.' Alongside them, however, there also existed fetva risaleleri (fatwa treatises), which identified the sources and reasoning of a fatwa. Such treatises engaged with contemporary issues through a scholarly lens, discussing them from multiple perspectives and comparatively analyzing conflicting evidences within the Hanafi school of law. In this sense, these treatises served a crucial function: they helped to identify the authoritative opinions (mufta bih and asahh al-aqwal) within the framework of the recognized Hanafi legal corpus. This study focuses on a treatise authored by Sadi & Ccedil;elebi (d. 945/1539) concerning the extent to which confession (iqrar) generates legal obligation. The aim is to investigate, on the basis of an authoritative Hanafi source, how long the practice of issuing fatwas in accordance with the most sound opinions (asahh alaqwal) can be traced historically. In his treatise, Sadi & Ccedil;elebi sought to resolve a legal question posed by the sultan regarding the case of 'twelve thousand dirhams,' strictly within the boundaries of the Hanafi school. He not only defended the necessity for muftis to issue fatwas in line with the asahh al-aqwal of the school, but also criticized members of the learned hierarchy ('ilmiyye) who, despite having previously issued fatwas on the same matter, failed to do so according to the most sound Hanafi opinions. Moreover, he strongly reproached the practice of preferring non-authoritative Hanafi views-or even seeking solutions outside the school altogether-in contravention of the stipulations of their official appointments. In & Ccedil;elebi's view, such deviations stemmed either from misinterpretations of Hanafi texts or from an unwarranted assumption of contradiction, leading to arbitrary preference between two positions within the school. By contrast, Sadi & Ccedil;elebi grounded his own fatwa in the foundational principles underlying similar cases found in the works of al-Sarakhsi (d. 483/1090) , applying these principles with rigor through the methods of language, logic, and legal theory. In doing so, he followed a methodical process of takhreej (juridical derivation), step by step tracing the ruling back to its doctrinal foundations. Within his treatise, Sadi & Ccedil;elebi frequently cited authorities he regarded as reliable, particularly Central Asian Hanafi jurists such as al-Sarakhsi, al-Nasafi (d. 710/1310), Qadikhan (d. 592/1196), Itqani (d. 758/1357) and al-Bazzazi (d. 827/1424), as well as the Egyptian jurist al-Zayla'i (d. 743/1343). This demonstrates not only his reliance on recognized Hanafi works but also confirms the broader influence of both Transoxanian and Egyptian Hanafi traditions on Ottoman jurisprudence. Furthermore, after carefully detailing how he reached his own conclusion and citing his sources, Sadi & Ccedil;elebi analyzed the methods of his interlocutors, thereby providing us with valuable documentation concerning the principle of adhering to the asahh al-aqwal. He expressed astonishment at the fact that some of his contemporaries, whom he accused of diverging from the Hanafi school, adopted methodological approaches that resembled Hanbali jurisprudence-the school he considered most distinct from the Hanafi tradition. This was especially striking given that these scholars were formally obliged, according to their appointment documents, to issue rulings based on the most sound Hanafi opinions. Sadi & Ccedil;elebi's treatise, therefore, sheds light on the existence of such practices in the Ottoman legal environment of his time. Scholarly findings indicate that by the late 10th/16th century, muftis were indeed required to adhere to the asahh al-aqwal. The evidence found in Sadi & Ccedil;elebi's treatise, however, demonstrates that this requirement was already in place during the reign of S & uuml;leyman the Lawgiver (Kanun & icirc; Sultan S & uuml;leyman, r. 1520-1566). It further suggests that, alongside the judiciary, the fatwa system was also subjected to this obligation from the early decades of the century, thereby revealing a state policy aimed at ensuring legal uniformity across both mechanisms. Accordingly, the present study seeks to provide a case study and a documentary example concerning the role of fatwas in the broader Ottoman endeavor to secure legal stability.