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Sultanic Authority and Sharia: Regulations on Family Law in the Sixteenth Century Ottoman Empire
Abstract by Huseyin Saglam On Session IV-11  (Making and Breaking Family Ties)

On Tuesday, November 12 at 2:30 pm

2024 Annual Meeting

Abstract
This study delves into the intricate relationship between public domain regulations enacted through sultanic laws and the fatwas (legal opinions) issued by the Chief Mufti (şeyhülislam), with a keen focus on issues of family law. Although family law has been perceived under the purview of religious scholars and Sharia in the scholarship, starting from the sixteenth century, sultanic decrees unprecedentedly regulated this domain. The present research identifies four primary catalysts for this regulation: ensuring legal stability across courts, preventing frauds related to marriage and divorce, increasing state revenues through taxes, and safeguarding the rights of the couples. By examining the incorporation of family law issues into the public domain through Maruzât fatwas and legal codes (kanunnâmes), this study seeks to understand the motivations for their inclusion, the changes they underwent, and their implications on the legal landscape of the Ottoman Empire. This expansion was not merely an attempt to intervene in family matters as modern laws often do; rather, it was a strategic effort to address specific societal and economic concerns. These concerns included promoting a more uniform legal framework, curbing legal abuses, enhancing fiscal policies, and reinforcing social justice. Through a comprehensive analysis of the transition of family law matters into the realm of public law and their reflection in the Chief Mufti’s fatwas, this investigation will shed light on the broader implications of these legal intersections for the social and legal fabric of the empire. The findings aim to enhance our insight into the sixteenth century Ottoman legal changes and their impacts on the practices.
Discipline
History
Geographic Area
Ottoman Empire
Sub Area
None