Ottoman Women’s Tricks to Escape from Marriage and Muftis (16th-18th Centuries)

Name: Ottoman Women’s Tricks to Escape from Marriage and Muftis (16th-18th Centuries)
Author: Muharrem Midilli

İsim	Ottoman Women’s Tricks to Escape from Marriage and Muftis (16th-18th Centuries)
Yazar	Muharrem Midilli
Tür	Kitap
Dil	Arapça
Dijital	Evet
Yazma	Hayır
Kütüphane:	Danimarka Kraliyet Kütüphanesi
Demirbaş Numarası	EISSN: 2717-6967, DOI: 10.26650/iuitd.2022.1124786
Kayıt Numarası	cdi_doaj_primary_oai_doaj_org_article_a5696709813c4671bae0c48f63467296
Lokasyon	DOAJ Directory of Open Access Journals
Notlar	This article examines Ottoman women’s tricks used to escape from marriage and muftis’ attitudes toward their tricks based on the issues reflected in the fatwa collections. The purpose of the article is to describe the tricks Ottoman women used for dissolving marriage in the face of the strict divorce and separation rules of the Hanafī madhhab and to analyze them alongside the muftis’ approaches. In Ottoman family law, women in principle are not entitled to divorce. The means for obtaining a divorce through the court are limited and bounded by strict procedural rules. The issues reflected in the fatwa collections indicate that many women who were unhappy with their marriage and wanted to divorce resorted to certain tricks in the face of this restrictive legal policy such as annulment of marriage by apostasy, using iddah as a retroactive marriage impediment and claiming after the marriage to have been a minor when the marriage contract was made. These tricks, which in some cases require penal sanction and fall outside the procedures laid down by law for dissolving marriage, indicate the desperation Ottoman women felt toward obtaining a divorce. This article describes these tricks through the reality presented by the fatwas of the Ottoman muftis who served in Anatolia and Rumelia between the 16th and 18th centuries and interprets them in the light of Hanafī legal doctrine. Using fatwas based on real events as a data source, the article is a study of the history of law that sheds light on the tricks Ottoman women were employed in the face of legal politics that had made it practically impossible to obtain a divorce on their initiative.
Görüntüle	İslam tetkikleri dergisi, 2022-09, Vol.12 (2), p.589-613

Kaynağa git Danimarka Kraliyet Kütüphanesi Royal Danish Library

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Danimarka Kraliyet Kütüphanesi

Kaynağa git

Ottoman Women’s Tricks to Escape from Marriage and Muftis (16th-18th Centuries)

Yazar Muharrem Midilli

Tür Kitap

Dil Arapça

Dijital Evet

Yazma Hayır

Kütüphane Danimarka Kraliyet Kütüphanesi

Demirbaş Numarası EISSN: 2717-6967, DOI: 10.26650/iuitd.2022.1124786

Kayıt Numarası cdi_doaj_primary_oai_doaj_org_article_a5696709813c4671bae0c48f63467296

Lokasyon DOAJ Directory of Open Access Journals

Notlar This article examines Ottoman women’s tricks used to escape from marriage and muftis’ attitudes toward their tricks based on the issues reflected in the fatwa collections. The purpose of the article is to describe the tricks Ottoman women used for dissolving marriage in the face of the strict divorce and separation rules of the Hanafī madhhab and to analyze them alongside the muftis’ approaches. In Ottoman family law, women in principle are not entitled to divorce. The means for obtaining a divorce through the court are limited and bounded by strict procedural rules. The issues reflected in the fatwa collections indicate that many women who were unhappy with their marriage and wanted to divorce resorted to certain tricks in the face of this restrictive legal policy such as annulment of marriage by apostasy, using iddah as a retroactive marriage impediment and claiming after the marriage to have been a minor when the marriage contract was made. These tricks, which in some cases require penal sanction and fall outside the procedures laid down by law for dissolving marriage, indicate the desperation Ottoman women felt toward obtaining a divorce. This article describes these tricks through the reality presented by the fatwas of the Ottoman muftis who served in Anatolia and Rumelia between the 16th and 18th centuries and interprets them in the light of Hanafī legal doctrine. Using fatwas based on real events as a data source, the article is a study of the history of law that sheds light on the tricks Ottoman women were employed in the face of legal politics that had made it practically impossible to obtain a divorce on their initiative.

Görüntüle İslam tetkikleri dergisi, 2022-09, Vol.12 (2), p.589-613