بداية تفكك أراضي الامبراطورية العثمانية معاهدتي كارلفجة (1110 ه 1699 م)‎ و إسطنبول (1112 ه 1700 م)‎ : دراسة تحليلية فقهية

الملخص EN

The treaties are considered as the most important way for the states to promote their foreign policy.

In general, treaty will be because of military work, so the winner will use it to complete its aims that are missing in the war.

This study deals with two treaties signed between the Ottoman Empire and the Holly Franco League.

Karlowitz (1699 BC), Istanbul (1700 BC).

It also shows the terms of the treaties, explains the Fiqhi confusion in them, and clarifies their effects such as ceding of Islamic territories that totaling an area of 346,000 square kilometers .

These things are not acceptable in Islamic law unless necessary.

So, the Hanafi School scholars decided that treaties with a warring party is not acceptable at all, unless it could assist Muslims in the war or to increase the state's strength.

“It is permitted only with being a way to fight, because it will be a metaphorical way of fighting.” [Al kasaniu: Badayie Alsanayie 7:108] Otherwise, the negotiator should achieve for the state which it would have to achieve by fighting.

The study makes it clear that this didn't happened in most of treaties terms.

So, they were considered as the beginning of Ottoman Empire territories dissolution.