Let Your Will be in Your Hand if I Don’t Come: The Provisions of Tafwīz al-Talaq Reflected in Fatwas in Ottoman Family Law and Its Function as an Intra-Madhhab Remedy

Name: Let Your Will be in Your Hand if I Don’t Come: The Provisions of Tafwīz al-Talaq Reflected in Fatwas in Ottoman Family Law and Its Function as an Intra-Madhhab Remedy
Author: Muharrem Midilli

Title	Let Your Will be in Your Hand if I Don’t Come: The Provisions of Tafwīz al-Talaq Reflected in Fatwas in Ottoman Family Law and Its Function as an Intra-Madhhab Remedy
Author	Muharrem Midilli
Type	Book
Language	Arabic
Digital	Yes
Manuscript	Yes
Library:	Royal Danish Library
Library Asset ID	EISSN: 2717-6967, DOI: 10.26650/iuitd.2022.1039770
Record ID	cdi_doaj_primary_oai_doaj_org_article_f43f367bdd29476e948248804a822298
Library Location	DOAJ Directory of Open Access Journals
Notes	This study focuses on the provisions of the tafwīz al-talaq as reflected in the fatwas and the function of the tafwīz al-talaq as a remedy within the madhhab in Ottoman family law. It aims to demonstrate the practical forms of the tafwīz al-talaq, which is the husband’s delegation of the right to divorce his wife, and describe the functions it performed as an intra-madhhab way of resolving some family law problems. The strict implementation of Ottoman family law by the Hanafi madhhab has caused some problems in some cases, such as the absence of the husband, domestic violence, and polygamy. Numerous fatwas in the collections indicate that the delegation of the right to divorce serves to solve these problems within the madhhab. In the Ottoman fatwas, the phrase “Let your will be in your hand” is generally used to delegate the right to divorce. Muftis emphasize that the wife should accept and exercise the authority on time using appropriate words so that the delegated divorce leads to the separation. The most common problem that the delegation of the right to divorce solves within the boundaries of the madhhab is the absence of the husband. Many husbands who are about to go on a journey tell their wives that if they don’t come back by the promised time, their wives may exercise the right to divorce. In some cases, women require that the right to divorce be delegated to them to prevent their husbands from remarrying. In other instances, the right to divorce is requested by women who are worried about marital violence. This study, which uses the fatwas as the main data source, will improve and complement the extant doctrinal studies in the literature on historical family law practices.
Görüntüle	İslam tetkikleri dergisi, 2022-03, Vol.12 (1), p.1-27

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Let Your Will be in Your Hand if I Don’t Come: The Provisions of Tafwīz al-Talaq Reflected in Fatwas in Ottoman Family Law and Its Function as an Intra-Madhhab Remedy

Author Muharrem Midilli

Type Book

Language Arabic

Digital Yes

Manuscript Yes

Library Royal Danish Library

Library Asset ID EISSN: 2717-6967, DOI: 10.26650/iuitd.2022.1039770

Record ID cdi_doaj_primary_oai_doaj_org_article_f43f367bdd29476e948248804a822298

Library Location DOAJ Directory of Open Access Journals

Notes This study focuses on the provisions of the tafwīz al-talaq as reflected in the fatwas and the function of the tafwīz al-talaq as a remedy within the madhhab in Ottoman family law. It aims to demonstrate the practical forms of the tafwīz al-talaq, which is the husband’s delegation of the right to divorce his wife, and describe the functions it performed as an intra-madhhab way of resolving some family law problems. The strict implementation of Ottoman family law by the Hanafi madhhab has caused some problems in some cases, such as the absence of the husband, domestic violence, and polygamy. Numerous fatwas in the collections indicate that the delegation of the right to divorce serves to solve these problems within the madhhab. In the Ottoman fatwas, the phrase “Let your will be in your hand” is generally used to delegate the right to divorce. Muftis emphasize that the wife should accept and exercise the authority on time using appropriate words so that the delegated divorce leads to the separation. The most common problem that the delegation of the right to divorce solves within the boundaries of the madhhab is the absence of the husband. Many husbands who are about to go on a journey tell their wives that if they don’t come back by the promised time, their wives may exercise the right to divorce. In some cases, women require that the right to divorce be delegated to them to prevent their husbands from remarrying. In other instances, the right to divorce is requested by women who are worried about marital violence. This study, which uses the fatwas as the main data source, will improve and complement the extant doctrinal studies in the literature on historical family law practices.

Görüntüle İslam tetkikleri dergisi, 2022-03, Vol.12 (1), p.1-27