Author
Koç, Mehmet, Bağcı, Okan
Subject
Alimony, Housing, Islamic law
Type
Book
Language
ara,tur
Digital
Yes
Manuscript
No
Library
Royal Danish Library
Library Asset ID
ISSN: 2149-3979, EISSN: 2651-2718, DOI: 10.52886/ilak.1110540
Record ID
cdi_doaj_primary_oai_doaj_org_article_15cc296c256d4264a12b84e94cb53608
Library Location
DOAJ Directory of Open Access Journals, EBSCOhost Academic Search Complete
Notes
There are three types of alimony in Islamic law: marriage, kinship and property alimony. In this study, residential alimony, which is within the scope of marital alimony, will first be discussed within the framework of the views of four sects. Then, based on the fatwas and court decisions of the Ottoman Period, the residence alimony, which is a woman's right, will be discussed specifically in the Ottoman practice of Islamic family law. It is accepted that Islamic law was applied during the Ottoman Period and in this context, the Hanafi sect was adopted as the official sect. As a result of the study, it will be possible to determine whether Hanafi views were applied in the Ottoman Period, specifically regarding housing alimony. In Islamic family law, the marital alimony that a woman has a right to includes food, clothing, housing, treatment and maid expenses. Dwelling means the permanent residence of an individual or family in a house or part of it. In order for it to be a sharia dwelling, it must have at least outbuildings such as a toilet and a kitchen. Housing is one of the legally required conditions for the husband to live a family life with his married wife. After the woman moves into the house and enters into marriage with her husband, she has the right to alimony. However, if the woman does not move there even though the house is ready, or if she leaves the house without getting permission from her husband after moving, it is considered as nushuz and therefore the woman loses her rights to alimony. However, for reasons such as not giving the woman dowry, staying in her parents' house with the consent of her husband even though the consummation has not taken place, the house not meeting Sharia qualifications, the woman not wanting to reside in the same house with her second husband or her mother-in-law, the husband kicking his wife out of his house without divorcing her, the woman residing in another house with the husband's consent, the woman is not deemed to have become a nushûr and the woman's alimony rights continue. What is meant by the expression "mesken-i şer'i", which is abundantly reflected in Ottoman court records, is the same as the dwelling defined in Hanafi sources. The minimum criterion sought by Hanafis for a house to be legally considered a residence is that it be a lockable room/space with outbuildings such as a kitchen and toilet. In the relevant court records, it is seen that the experts appointed by the court and what is meant by "living house" took into account the minimum criteria mentioned when examining whether the house in question is a "living house". The courts consider the fact that the woman resides with a non-mahram woman and that the house is in an unsafe neighborhood as a reason for the violation of the religious status of the house, and decides to prepare a new house for the woman in such a situation. There are decisions in court records stating that a woman has the right not to obey her husband because she has not received her due dowry. Therefore, in these cases, women's rights to alimony continue. Likewise, decisions are given to women who do not obey their husbands and do not move into his house even though they have received their due dowry, stating that they do not have such rights. Therefore, alimony is not paid to women in this situation. In addition, the courts give positive decisions on their alimony requests in cases such as the woman leaving the house because the house she lives in loses or does not qualify as a sharia house, the woman does not live in the same house with her second husband or mother-in-law even though the house is a sharia house, she does not move to her husband's house for reasons that cannot be considered as a nuşuz and is kicked out of the house. In addition, the courts rule that women who have come of age do not have the right to alimony. With this study, which deals specifically with women's housing rights, it is possible to determine that the views of the Hanafi sect were in force in the practice of Islamic law in the Ottoman Period.
Görüntüle
İlahiyat Akademi, 2022-06, Vol.2022 (15), p.57-83
