On the Organization and the Functioning of Judiciary Authority in the Qadha of Tesanj in the Second Half of the 18th Century

Abstract

Separate qazā of Tešanj was formed in second half of 16th century after complete stabilization of government which followed the conquest that happened, most probably, in October 1512. The qazā consisted of 4 nahiya districts: Tešanj, Maglaj, Usora, Ozren, and Trebetin. In the area belonging to the qazā 4 urban settlements had developed, while there existed 150 rural settlements in the qazā. In 17th century, together with other 36 qazās, Tešanj was ranked at the degree of “salise“, keeping this rank in 18th century as well.
Due to the vast areas qazā of Tešanj covered the structure was organized in manner that in centre there was residing judge / qādī with all complementary services, while in nahiya districts of Žepče and Maglaj there were branch offices. This organizational structure remained until the end of 18th century, while Maglaj was organized as a separate judiciary region during 19th century.
Qādī in the qazā’s centre in Tešanj had own assistant (nāib). In this paper there is an overview of documented names for judges who performed duty of qādī or naib be it in the centre of qazā or in branch offices in Maglaj and Žepče.
It is observable that in the second half of 18th century the qādīs did not perform their duty conscientiously and in accordance to the judiciary codex which used to be broken in many ways. In a couple of complains and even in the fermān that was issued and delivered to Bosnia deviating discrepancy methods of qādīs from rules of judiciary service are observable. Firstly, into ranks of qādī assistants started to creep in persons who according to the existing rules were not deserving this post. Therefore, in the second half of 18th many complains appear requesting change of naibs due to the fact that they were locals. This situation could open way to a possible unconscientious work and abuse of the position. However, qādīs also used to commit acts that were out of judiciary manner, those include taking bribe what consequently led to unfair verdict. Due to the quoted circumstances some cases were addressed to the qādī in Travnik. This started to take ground especially after some officials of judiciary government started to perform in practice “mobile judging” where they seemingly would do judging or do other activities. For them this was way to reach additional funds in easy and uncomplicated way which was against the law.
Based on available sources it has been established that in Tešanj existed following posts: qādī service, naib service, katib (secretary), muhzir, assisting services, and sometimes institution of judiciary jury. This paper based on available and documented sources presents activities of each single judiciary post that was counted above.