Shariah courts in post-Ottoman Albania and the practice of Islamic law

This thesis aims to examine the history, structure, and position within the Albanian legal system, procedural aspects, and practices of the Sharia courts established in post-Ottoman Albania, with a focus on the inheritance of Islamic law derived from the Ottomans in the field of civil law. The primary sources used in this study include the Sharia Registers and archival documents of the Albanian Directorate of Religious Affairs between 1912-1929, Albanian archival documents, Albanian and Albanian legal history basic works, and classical sources of Islamic law. The introduction section focuses on the main sources of the thesis by explaining the subject, importance, purpose, limitations, method, and especially the characteristics of archival documents. The first chapter covers general information about Albania, Albanian legal institutions between 1912-1929, a brief overview of the religious administrative institutions in Albania, and the Sharia courts in the Ottoman Empire. In the second chapter, the history of Sharia courts is discussed from a broad perspective, focusing on the most important turning points and changes in Islamic religious institutions. The third chapter covers the structure of the Sharia courts, their place in the Albanian legal system, their duties and powers, the method of reasoning, and the language used. In the fourth and final chapter, the marriage, divorce, inheritance, and family law practices related to these in Albanian archive documents and Sharia Registries have been examined, and their suitability was evaluated by comparing them with basic Islamic law sources. In the appendices, examples from Sharia registers and archival documents, as well as translations of the most important statutes related to the organization of the Supreme Sharia Court, are included. Based on our research findings, we have determined that the Sharia courts, with their occasionally varying practice and internal organization between 1916-1929, ensured the implementation of Islamic Law in all aspects of post-Ottoman Albania.