Shaykh al-Islam

The Shaykh al-Islam was the title of the highest scholar in the Ottoman ilmiye, the religious-scholarly hierarchy. It became attached to the office of mufti of Istanbul. The holder gave fatwas on religious, political and administrative questions, took part in appointing scholars, judges and muftis, sat in the consultative councils, and issued fatwas in crises, including fatwas for deposing sultans. The office was abolished in 1924 together with the caliphate. ¹

From the second half of the tenth century (fourth century AH), the phrase Shaykh al-Islam was an honorific for leading scholars and Sufis, and it came to mean the senior scholar and head of the scholars. In the eleventh century the Shafi'is of Khurasan called their leader by this title. In Safavid Iran it became the title of the head of the religious court. ¹

The Ottoman office is traditionally dated to 828 AH (1425 CE), when Molla Fenari was appointed mufti of Bursa. The entry warns against identifying that appointment with the great institution of the sixteenth century. The title was used for the mufti of Istanbul, and its weight grew with the political and bureaucratic changes of the early sixteenth century. ¹

The entry says that the Fatih Kanunname was the first official document to name the Shaykh al-Islam head of the scholars. In the mid-sixteenth century the appointment of senior judges and professors passed to him from the kazaskers. ¹

In the sixteenth century a holder was appointed on the grand vizier's proposal with the sultan's approval, and the move from kazasker of Rumelia to the office became normal. Over five centuries 131 muftis and Shaykhs al-Islam served, with an average of about three and a half years. Tenures in the seventeenth and eighteenth centuries were usually one or two years. ¹

Dismissal was the heaviest penalty for scholars. Dismissal was notified by a chavush sent to the holder. In exceptional cases some Shaykhs al-Islam were executed, for reasons that included causing corruption and meddling in politics. ¹

Ebussuud Efendi was among the longest-serving holders, about thirty years in office. His general fatwas were reasoned and explained, and he was the first to be appointed directly from the post of Rumelia kazasker. ¹

Civizade Muhyiddin Mehmed Efendi (d. 954 AH / 1547 CE) was the first shaykh al-islam to be dismissed, after the assembled scholars under Suleiman judged his fatwas wrong. In the seventeenth century Hocazade Mehmed Efendi fought with the grand viziers to keep the scholarly ranks and appointments in the office's hands. ¹

The entry takes Molla Fenari as the conventional start of the office, but the contemporary chronicles do not call him Shaykh al-Islam, so his appointment remains open to question. ¹

The office's main work was fatwa on questions of religion, politics and administration, according to Hanafi law in particular. The fatwas were written by fatwa clerks, and the Shaykh al-Islam wrote the answer and signed it. ¹

The most serious were deposition fatwas (hal‘), issued in crises with the agreement of the military and the scholars. The entry cites examples: the deposition of Sultan Ibrahim, of Abdulaziz and Murad V, the fatwas of the First World War, and the fatwa for the deposition of Vahdettin. The entry notes that the legal basis of many of these is disputed, because they were issued for short-term political aims. ¹

The holder took part in appointing judges, professors and muftis. From the seventeenth century the Shaykh al-Islam also sent the recommendation (işaret-i aliyye) for senior posts such as chief physician, chief astrologer and the sheikhs of dervish lodges. In the eighteenth century these appointments passed through several offices before reaching the sultan. ¹

He supervised the examinations for scholarly ranks (ruus), and the appointment of provincial and district muftis. After the Balkan states became independent, the patents of the muftis of Greece and Bulgaria were still issued by the Shaykh al-Islam in Istanbul after 1913. ¹

The Shaykh al-Islam sat in the consultative councils of the eighteenth and nineteenth centuries, as its strongest member, and the councils sometimes met in his house. In 1826 he issued two fatwas on the organisation of the new army: one on the need for military training, the other on the punishment of deserters. The entry says the decision to grant Greece independence in 1830 rested on a fatwa of the Shaykh al-Islam. ¹

His political role depended on circumstances. Military groups often drew him in, and his fatwas were used to give legitimacy to revolts and to depositions. ¹

The Shaykh al-Islam was among the highest-paid officials. He had a salary and an assignment of revenue from particular places (arpalık). In the seventeenth and eighteenth centuries he also received income from the endowments he supervised, gifts, and fees for appointments. After leaving office he received a pension or an assignment, and often sent a deputy from the scholars to collect it. ¹

He was treated with special ceremony. He wore a white scholars' turban, and at ceremonies a white robe (ferve-i beyzâ) lined with sable. The grand vizier visited him at both festivals or when he was ill. The sultan addressed him as efendi dâimiz. A holder who was also tutor to the sultan was called câmiu'r-riyâseteyn. ¹

The Shaykh al-Islam attended the great ceremonies, including the investing of a new sultan with the sword, and presided over the funerals of senior scholars. After the Janissaries were abolished in 1826 the seat of the office moved to the Bab-ı Meşihat. ¹

The office was abolished in 1924 with the caliphate. Its successor ministry was abolished, and the Directorate of Religious Affairs was set up in its place. ¹

• TDV İslâm Ansiklopedisi, "ŞEYHÜLİSLÂM", Mehmet İpşirli, vol. 39, pp. 91–96. ²