Farming out judicial offices in the Ottoman Empire, c. 1750–1839

Abstract

This article focuses on the widespread practice of appointing deputy judges, called naibs, in the Ottoman Empire from the mid-eighteenth to the early nineteenth centuries. Based on extensive archival research, it analyses how the judiciary turned into a system of allocating revenue sources. An increasing number of offices of kadı (judge) were assigned as a source of income to higher-ranking ulema, who, through intermediaries, in turn farmed out their judicial offices to naibs in return for a fixed sum of money. Importantly, the apportionment fees for taxes collected from local taxpayers constituted a significant part of naibs’ incomes. The practice of deputizing in the Ottoman judiciary thus shows a close parallel with tax farming. Because the naibs transferred their revenues to the higher-ranking ulema, farming out judicial offices became a major economic basis for maintaining the Ottoman ulema hierarchy.