From the Pages of the Defter (ص 55)

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From the Pages of the Defter (ص 55)

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were to appear before the registrars and register themselves and their properties. Women
were to be represented before the registrars by male representatives.”
When registering properties and lands with the commission, individuals were to
present their title deeds. According to Article 12 of Chapter 2 of the law, if property transfers
had been made informally, property owners would be sent either to the sharia court
(mehkeme) or, if the property was endowed, to the waaf offices, so they could renew their
title deeds.”* Similarly, Article 3 of Chapter 6 also indicates that property and land sales
could take place in both the sharia courts and the waaf offices, if the tapu certificate (kusan)
was presented and it was noted on it that taxes had been paid.”* The explicit inclusion here
of courts as an acceptable forum at this stage to deal with land deeds, in addition to the tapu
offices appears to contradict the procedure dictated by the previous year’s Tapu
Nizamnamesi. Why the turnaround? Was this a nod to previously existing practice? Was this
a stop-gap measure until clerks were in place at the district level? Answer(s) to these
questions will be discussed below (in part two of the “On the Ground” section) and in
Chapter Four, where we will run into land-related cases heard before the sharia court more
than a quarter-century later, in 1895.
2 Ibid., Chapter 2, Article 7b, p. 117.
? While Ongley and, likely, the original, does not state that the mahkeme in reference is a sharia court,
the reference in the same article to the gadi as the head of that court makes this point clear. See E.
Tyan, “Kadt" in P. Bearman, Th. Bianquis, C.E. Bosworth, E. van Donzel, and W.P. Heinrichs, eds.
Encyclopaedia of Islam, second edition. Brill Online, 2015.Accessed 26 November 2015.
Ongley, 131-132.
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From the Pages of the Defter

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Susynne McElrone

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