- Piracy and Law in the Ottoman Mediterranean by Joshua M. White
Although this study of piracy in the eastern Mediterranean during the late 16th and 17th centuries is divided into three parts (“Chaos and Captives”; “Piracy, Diplomacy, and International Law”; and “Ottoman Mediterranean, Abode of Law”), there are really two themes that emerge. The first is a detailed history of names and events during this period involving piracy and related (and frequently overlapping and ambiguous) activities, such as corsair-ing and privateering. The second is a study of both the diplomatic and, especially, the legal responses to these activities by the Ottoman administration and Islamic courts. While the first theme lays a foundation for understanding the scope and nature of early modern piracy in this part of “the Abode of Islam” (Darülislam in Turkish), and is primarily of historical interest, it also establishes the context for a broader understanding of how Islamic law and courts dealt with this complex problem. Piracy and Law in the Ottoman Mediterranean thus offers the student and scholar valuable insights into the doctrines and workings of Islamic law that transcends the book’s narrow topical and temporal field of study.
It is clear from the record, exposed in well-researched and precise detail by author Joshua White, that piracy in various forms was common and widespread in this region and time. The Ottoman Empire was periodically at war or peace with its Christian enemies, such as Venice and Malta. Additionally, the central government in Istanbul exercised varying degrees of control and authority over more distant or isolated parts of the empire, with the North African regencies of Algiers and Tunis exercising a large degree of independence, and communities along the Aegean coast and nearby islands subject to frequent raids that the Ottomans were unable to control or prevent. As a result, the political and military situation was fluid and complex. Pirates acted at times independently against both Ottoman and non-Ottoman targets and, at other times, with the explicit or tacit approval of the regime. Booty and slaves were acquired or traded within an informal but extensive commercial network. The author’s description of this fascinating if confusing situation is both vivid and convincing.
The failure of the Ottoman navy to suppress to a meaningful extent piratical acts in the region (aside from the frequent occasions when pirates served Ottoman wartime purposes) meant that Islamic courts and judicial authorities were frequently relied upon by victims for relief. Here the many cases described by the author demonstrate both strengths and weaknesses of the legal system. From the standpoint of substantive law, the success of the plaintiff in court invariably depended upon a finding that the piratical act took place within Darülislam. This could be difficult to prove, as the precise boundary of that realm over the Mediterranean waters was often unclear. Nevertheless, if the act was found to have occurred outside Darülislam, the court had no jurisdiction and the case was dismissed. If the act was found to have taken place within Darülislam, the plaintiff next faced the procedural hurdle of finding Muslim eyewitnesses to the act. Neither written evidence nor testimony by non-Muslims would suffice in Islamic courts (although sultanic courts were more flexible in this area). As a result of these two primary hurdles (among other problems), many plaintiffs were unsuccessful in obtaining a legal remedy.
Nevertheless, there were reasons why cases often ended up in court, sometimes many years after the event, even when the [End Page 345] evidentiary burdens could not be met. An out of court settlement could sometimes be achieved when a pirate sought to avoid the notoriety that a court case might bring. More broadly, the entire process of capture, imprisonment, and ransom of victims taken by pirates was dealt with under the rubric of legality. In a fascinating chapter entitled “The Kadi of Malta,” the author describes how Muslim judges, themselves taken captive by Christian corsairs, were appointed by fellow prisoners to mediate their treatment by their...