Osmanlı Hukukunda Kardeş Katli Meselesi

Fratricide is a subject which is liable to be misunderstood. It is necessary
to know Islamic law and politics in order to have a clear understanding of it.
The matter depends on basic historical, political and legal considerations. The
old Turkish political tradition, which is based on the fact that the ruling power
is a common property of the members of the dynasty (ülüş), gave rise to
centuries of terrible results and caused the division of countries and collapse of
states. Consequently there was no clear succession system in the early period
of Ottoman Empire. It would be the destiny of a prince which would
determine his fate in becoming the sultan. This resulted in the infighting
amongst the princes. Therefore the Ottomans preferring the lesser of two evils
sacrificed members of their family. In other words, they had no other choice
than implementing this sad solution. As a matter of fact many princes, who
were not killed, revolted with support from enemy states. This resulted in
thousands of people being killed with detrimental effect on the state.
The famous article of the Kanunname (Code) of Sultan Mehmed the
Conqueror legalized the fratricide. The majority of the Ottoman scholars
permitted it as well. Due to application of fratricide, totally 61 princes had
been killed throughout the over 600 year Ottoman history. 22 of them were
due to rioting and conspiracy. In the course of time, a succession system was
established in the Ottoman State. Beginning from the early 1600s, the eldest
member of the dynasty became the Sultan. From then on fratricide, for all
intent and purpose, was abandoned. In short, fratricide in the Ottoman
Empire, however sad it may have been, was applied for the continuation of
the unity of the state and prosperity of the people.

Fratricide is a subject which is liable to be misunderstood. It is necessary 
to know Islamic law and politics in order to have a clear understanding of it. 
The matter depends on basic historical, political and legal considerations. The 
old Turkish political tradition, which is based on the fact that the ruling power 
is a common property of the members of the dynasty (ülüş), gave rise to 
centuries of terrible results and caused the division of countries and collapse of 
states. Consequently there was no clear succession system in the early period 
of Ottoman Empire. It would be the destiny of a prince which would 
determine his fate in becoming the sultan. This resulted in the infighting 
amongst the princes. Therefore the Ottomans preferring the lesser of two evils 
sacrificed members of their family. In other words, they had no other choice 
than implementing this sad solution. As a matter of fact many princes, who 
were not killed, revolted with support from enemy states. This resulted in 
thousands of people being killed with detrimental effect on the state. 
The famous article of the Kanunname (Code) of Sultan Mehmed the 
Conqueror legalized the fratricide. The majority of the Ottoman scholars 
permitted it as well. Due to application of fratricide, totally 61 princes had 
been killed throughout the over 600 year Ottoman history. 22 of them were 
due to rioting and conspiracy. In the course of time, a succession system was 
established in the Ottoman State. Beginning from the early 1600s, the eldest 
member of the dynasty became the Sultan. From then on fratricide, for all 
intent and purpose, was abandoned. In short, fratricide in the Ottoman 
Empire, however sad it may have been, was applied for the continuation of 
the unity of the state and prosperity of the people.