The Muftīs’ Remedies Against Coerced Divorce Oaths by Executive Officers in Ottoman Society (16th-18th Centuries)

Name: The Muftīs’ Remedies Against Coerced Divorce Oaths by Executive Officers in Ottoman Society (16th-18th Centuries)
Author: Muharrem Midilli

İsim	The Muftīs’ Remedies Against Coerced Divorce Oaths by Executive Officers in Ottoman Society (16th-18th Centuries)
Yazar	Muharrem Midilli
Konu	Islamic law
Tür	Kitap
Dil	ara,eng
Dijital	Evet
Yazma	Hayır
Kütüphane:	Danimarka Kraliyet Kütüphanesi
Demirbaş Numarası	EISSN: 2717-6967, DOI: 10.26650/iuitd.2024.1399211
Kayıt Numarası	cdi_doaj_primary_oai_doaj_org_article_747abc4a498e4cf9ae700504d045d5ed
Lokasyon	DOAJ Directory of Open Access Journals
Notlar	This article discusses the legal formulas devised by muftīs against divorce oaths forced by executive officers (ehl-i örf) in Ottoman society. Hanafi jurists believe that divorce oaths made under duress are valid. The jurists have developed legal remedies that can be used against the possibility of abuse of this opinion by those in positions of power. The problems arising from the abuse of divorce oaths and their remedies were reflected in fiqh literature, especially fatwā collections where the Hanafi madhhab held sway. Fatwās issued by muftīs in Anatolia and Rumelia, regions where Hanafi madhhab dominated during the 16th–18th centuries, indicate that divorce oaths were used pervasively by executive authorities as instruments of compliance. These fatwās describe how executive officers have transformed divorce oaths into tools of coercion, exploiting them for various purposes, including upholding public order, apprehending and interrogating suspects, ensuring justice, tax collection, debt settlement, and prevention of illicit activities. They also abused this mechanism for illicit gains, preventing legal action against them, and acquiring illicit property or money. In response, Ottoman muftīs proposed remedies rooted in legal tradition to safeguard individuals from executive coercion. The most remarkable of these remedies are clandestinely inserting the phrase “in shā’a Allah” (if Allah wishes) into divorce oaths, file a lawsuit through attorney, pronouncing divorce with the intent of false notification/admission, intending another meaning of divorce, and constraining general expressions with personal intent. These remedies, which balanced the madhhab’s opinion that the divorce oath under duress is valid, served to protect individuals, family and property rights against the executive officers. The article, a study of legal history, provides evidence from fatwā collections to support these findings.
Görüntüle	İslam tetkikleri dergisi, 2024-03, Vol.14 (1), p.33-57

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The Muftīs’ Remedies Against Coerced Divorce Oaths by Executive Officers in Ottoman Society (16th-18th Centuries)

Yazar Muharrem Midilli

Konu Islamic law

Tür Kitap

Dil ara,eng

Dijital Evet

Yazma Hayır

Kütüphane Danimarka Kraliyet Kütüphanesi

Demirbaş Numarası EISSN: 2717-6967, DOI: 10.26650/iuitd.2024.1399211

Kayıt Numarası cdi_doaj_primary_oai_doaj_org_article_747abc4a498e4cf9ae700504d045d5ed

Lokasyon DOAJ Directory of Open Access Journals

Notlar This article discusses the legal formulas devised by muftīs against divorce oaths forced by executive officers (ehl-i örf) in Ottoman society. Hanafi jurists believe that divorce oaths made under duress are valid. The jurists have developed legal remedies that can be used against the possibility of abuse of this opinion by those in positions of power. The problems arising from the abuse of divorce oaths and their remedies were reflected in fiqh literature, especially fatwā collections where the Hanafi madhhab held sway. Fatwās issued by muftīs in Anatolia and Rumelia, regions where Hanafi madhhab dominated during the 16th–18th centuries, indicate that divorce oaths were used pervasively by executive authorities as instruments of compliance. These fatwās describe how executive officers have transformed divorce oaths into tools of coercion, exploiting them for various purposes, including upholding public order, apprehending and interrogating suspects, ensuring justice, tax collection, debt settlement, and prevention of illicit activities. They also abused this mechanism for illicit gains, preventing legal action against them, and acquiring illicit property or money. In response, Ottoman muftīs proposed remedies rooted in legal tradition to safeguard individuals from executive coercion. The most remarkable of these remedies are clandestinely inserting the phrase “in shā’a Allah” (if Allah wishes) into divorce oaths, file a lawsuit through attorney, pronouncing divorce with the intent of false notification/admission, intending another meaning of divorce, and constraining general expressions with personal intent. These remedies, which balanced the madhhab’s opinion that the divorce oath under duress is valid, served to protect individuals, family and property rights against the executive officers. The article, a study of legal history, provides evidence from fatwā collections to support these findings.

Görüntüle İslam tetkikleri dergisi, 2024-03, Vol.14 (1), p.33-57