Author
Necati Dögüş
Publication Place
Hits University -
Hits University
Subject
Hittite Journal of Theology, 2022-06, Vol.21 (1), p.309-354
Type
Book
Language
ara,tur
Digital
Yes
Manuscript
No
Library
Leitir Library
Library Asset ID
EISSN: 2757-6949, DOI: 10.14395/hid.1073067
Record ID
cdi_doaj_primary_oai_doaj_org_article_a0d0069f9c2b41859b638c4a99057e37
Library Location
DOAJ Directory of Open Access Journals
Notes
Child marriage is not a historical issue or an issue of the past. This issue, which has legal, social, economic, psychological and anthropological roots and needs to be addressed in this context, stands today as a global and burning problem awaiting solution not only in Turkey but all over the world, including some developed countries. In addition, child marriages are not specific to Islamic-Ottoman law; this practice is also encountered in the Chinese, Japanese, Indian, Roman, Egyptian and Athenian civilizations. It is also a phenomenon seen not only in Islam but also in other monotheistic religions such as Judaism and Christianity. Therefore, it is not right to attribute this practice to a single society, culture, civilization and religion. In this sense, child marriage is related to the meaning given to the concept of marriage and family rather than a practice that takes religion as a reference, and is merely the reflection of this meaning in practical life. In order to better understand the issue of child marriage, it is necessary to understand the meaning of the concept of child in Islamic and Ottoman law. Because those who are considered children today were considered adults in the context of legal and social responsibilities until a century ago. For this reason, when discussing early marriages in the Ottoman period, it is necessary to understand what the concept of child meant in the world of that period, rather than what it means today. Otherwise, trying to evaluate a century or more ago with today's understanding will prevent a healthy understanding of these marriages. In the Ottoman Empire, which adopted and implemented Islamic family law, until the 1917 Family Law Decree, there was no age limit regarding the age of marriage in line with the Hanafi view, which is the official sect of the state. Again, within the framework of the opinion of the Hanafi sect, the authority to marry, called "velayat-i ijbâr", is also granted to a very large group of relatives. As a result of this understanding, during the Ottoman period, children could be married off at an early age by their father, grandfather or other relatives. In the Ottoman society, where there was already a tendency for women to marry early, this tendency also manifests itself in the marriage of little girls. Although economic factors were the main reasons for early marriage of girls, the idea of protecting girls' chastity and virginity was at least as important as economic reasons in the Ottoman society, where the concept of honor was highly valued. In addition, reasons such as not wanting to miss the opportunity if a suitable candidate is found, and wanting to get rid of the expenses of a child early in large families are among the other factors worth mentioning. Among the girls married early, the number of orphans is considerable. The excess of this rate is based on the good intention of wanting to secure the future of girls whose fathers have passed away early. However, it is among the facts reflected in the archive documents that this good will is not always the case regarding the marriage of orphan girls, and that this situation is sometimes exploited by relatives or other relatives. It is possible to observe this situation in the marriage of orphan Nesibe, which is the subject of the article. Nesibe's father, who is known to be 13 years old, passed away, so a legal guardian was appointed for her. His mother, Hayriye Hanım, is still alive. Despite this, he was married off by his sister in Beykoz, where he went as a guest for a short time. Neither his mother nor his legal guardian is aware of this marriage. Hearing about this marriage, his mother Hayriye Hanım and his guardian Hafız Halid Efendi complained about the situation in the petition they submitted to the Ministry of Security. However, in the petition they submitted for complaint, they also state that they married Nesibe to an honorable man named Şevket Efendi three months ago. On the other hand, as will be seen in the future sections of the article, the imam of Çukurcuma District, where Nesibe is registered, will claim that no marriage was concluded by him during the interrogation. The aim of this article is to reveal how the permissions such as the power of coercion of custody, which Islamic jurists, especially the Hanafi scholars, have set very wide limits in early marriages, which we believe have many examples in history, were misused or exploited through various maneuvers, in the marriage of the innocent and victimized Nesibe. In this respect, the article is a complete example of a case study. For this purpose, the events of Nesibe's marriage, who was "allegedly" married twice when she was 13 years old, after the complaint made to the Ministry of Security, will be discussed. The issue will be followed by a kind of tracing through documents circulating between official departments. The documents in question are collected in 782 files and 26 documents numbered 26 belonging to the State Council fund in the Presidency Ottoman Archives and consist of a total of 11 documents.
Detaylı Başlık
19. Yüzyıl İstanbul’unda Bir Erken Evlilik Olayı veya Küçük Nesibe’nin Nikâh Serencamı
