Marriage and divorce in early twentieth century Ottoman society : the law of family rights of 1917
Author(s)
Advisor
Kireçci, M. AkifDate
2014Publisher
Bilkent University
Language
English
Type
ThesisItem Usage Stats
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Abstract
As a result of reforms, related socioeconomic changes, and wars, at the turn
of the 20th century, problems related to family matters were demanding in the late
Ottoman Empire. People were confused over issues of marriage, divorce, alimony,
and inheritance. Muslim jurists and politicians thus eventually became aware of the
need for change in Islamic family law. Besides, legal modernization and the use of
law as a tool for social control—for the processes of nation building, the creation of
the Ottoman citizen, and the establishment of a new family structure—in the late
Ottoman Empire had changed the Ottoman legal culture and required a reform in all
areas of Islamic law including the family law.
Despite their importance, the issues of family law remain understudied for the
late Ottoman Empire. The general historiography focuses on visible political
institutions, diplomatic events, and intellectual currents. Besides, an equation of the
West with progress and modernity and of the East with stagnation and tradition,
which still dominates much of the discussion on family law reform, obscures the
possible explanations. Hence, the main objective of this work is the presentation and
exploration of the legal, political, sociocultural, and economic contexts of the family
law reform and the reformed law’s application in the new Ottoman legal culture to
examine the compatibility between legal innovation and the needs of state and
society.
Keywords
Family LawLegal Modernization
Legal Culture
Twentieth Century
Ottoman History
Sijills
Marriage
Divorce
Reform
Modernization