control and sexuality

Control and Sexuality: The Revival of Zina Laws in Muslim ContextsThe chapter first offers an analytical overview of the historical conditions of gender andreligious dynamics in Turkish society relating to the notion(s) of zina. These dynamics arethen contextualised in a survey of the state’s legal system, particularly its constitutional,family and criminal laws. Subsequently, Turkey’s manifold constitutional, regional(European) and international legal responsibility to promote and protect human rightsis scrutinised, revealing a considerable gap between the state’s formal commitmentsand its implementation policies. Finally, this study assesses the development of Turkey’sfeminist movement and its laudable strategies to address the concept of zina and relatedphenomena in law and society.Historical BackgroundThe Ottoman Empire rose at the turn of the 14 th century in Turkish Anatolia, from ahotchpotch of smaller emirates, under the leadership of Osman I. By that time, theTurkish dynasties, all formally Sunni and of the Hanafi madhhab, dominated much ofthe ‘abode of Islam’ (Dar al-Islam) (Zürcher & van der Linden 2004: 96). The Ottomans’military, administrative and socio-political skills ensured that, by the late 17 th century, theEmpire controlled a vast territory, including much of central and south-eastern Europe,northern Africa, the Middle East, and western and central Asia. Throughout its history,the Empire remained an essentially centralist state (Köker 1995: 54), which was governedby the sultan and his ruling class (askeri) via a highly advanced administrative system. Itwas primarily composed of provinces (vilayet) and vassal states with varying degrees ofautonomy. 1 The ruling class comprised the military and court officials, the nobility and theulema (‘ulama’). Apart from the askeri, there were the reaya (tax-paying lower class) andthe kul (slaves).Not only had the Ottoman zest for governance made the ulema part of an elite class;numerous incentives and, with them, a hierarchical system were provided to ensure theirallegiance to the state. Hence,[b]y the sixteenth century, virtually all legal scholars who presided over a medrese[(public school)] classroom or a religious şeriat court in the Turkish-speaking areas ofthe empire, along with imperial appointees everywhere, were ranked, graded andpensioned under central state auspices (Zilfi 2006a: 210).Accordingly, they were also given specific duties in the state apparatus. For example, therole of a kadi (Arabic: qadi; judge), apart from courtroom tasks, included reporting on theconduct of the sultan’s administrators and supervision of market transactions (Zilfi 2006a:213). The ulema as a whole was organised into an institution – the ilmiye – the head ofwhich was made the müftü (mufti) of İstanbul as the şeyhülislam. This way, the şeyhülislam’s1 Besides the provinces and vassal states, the Empire also exercised a temporary authority overcertain distant overseas lands. For instance, in 1565, the Sultan of Aceh declared allegiance to theOttoman Sultan (Azra 2006).186