To comply with Shiʿi theological-jurisprudential justifications and dogmatic traditions, the Iranian postrevolutionary legal system formally enshrined the principle of legality of crime and punishment within the Iranian Constitution and important legal provisions. Despite this formal entrenchment and codification of its criminal law, which together act as a legal constraint on the traditionally excessive power of Muslim judges, the Iranian theocratic system has exempted religious sins from this principle by blurring the distinction between crime and sin and criminalizing certain sinful acts with unclear language. These two legal mechanisms not only violate the principle of legality and amplify legal uncertainty, but their reference to Sharia law also binds the fate of the accused more tightly to the discretion of the judge than to the letter of the law. Consequently, the religiopolitical predilections of judges have become a determining factor in findings of criminal responsibility and imposition of punishment on citizens.

This article investigates the opinions of three senior Ottoman jurists, Sarıgörez (d. 1522), Kemalpaşazade (d. 1534), and Ebussuud (d. 1574), on the subject of the Safavids and their supporters. Historians have treated these opinions as part of the vast polemical literature uniformly intended to justify an impending Ottoman attack against their Safavid rivals. Questioning the notion that all authors shared an undifferentiated attitude, this article underlines that, unlike most polemical literature, the opinions of these three jurists focused on the religiolegal aspects of the Safavid issue and varied and evolved in line with changing historical realities, the jurists’ divergent assessments of the Safavid threat, and their preference for different jurisprudential doctrines. Based on an analysis of the opinions, I argue that these jurists assumed a high degree of autonomy as producers and interpreters of the law and thus did not necessarily feel obliged to legitimate or excuse every imperial action.