The Act of Claiming Rights of Women and Children in Aksaray and Surroundings in the Context of Marriage Contract and Guardianship (1742-1743)

Journal Title: Mütefekkir - Year 2018, Vol 5, Issue 10

Abstract

The Ottoman Empire was one of the rare states that managed to establish and operate the legal system to protect the rights of women and children. Not leaving orphan children abandoned, protecting and educating them was the priority of the Ottoman system. Accordingly, the Ottoman court appointed a “guard” for the orphans until they reached puberty when they could handle the property inherited to them and a “executor” to prepare them for their later life. The appointment of executor in practice was made primarily among the parents or close relatives. This practice may be intended to prevent orphans from being left unattended and thus to ensure the continuity of the generation as well as to prevent the inheritance to be lost. When the orphans reach their puberty, through the court, they could follow all sort of rights that were inherited from their parents. In the Ottoman world like orphans, women also had legal rights. In this context the marriage contract in Ottoman culture was seen as the “main element” in sustaining the family institution and “being married”, was meticulously practiced as a guarantee of some legal acquisitions in the family. However, from time to time, married women could also be exposed to unlawful interventions. However, it was possible to establish justice through the complaints of the victims and the intervention of the state; thus the damage suffered by the victims could be minimized to some extent.

Authors and Affiliations

Necmettin AYGÜN

Keywords

Related Articles

The Relations of Mukhtar al-Thaqafi with the Members of ahl al-Bayt and Banu Hashim

The first century after the death of The Prophet is characterized by some important events in political and military areas and important figures who had taken part in these events. Al-Mukhtar ibn Abi Ubaydah al-Thaqafi w...

Positive Philosophy in the View of Risale-i Nur

This study try to discover the positive philosophy in al Nour Letters which created by Saeed al Noursi. Although these letters tried to ignore the philosophy and to stay that in a negative way, So this study start to fin...

The Justice Condition in Hadith and the Justice Issue of the Companions in the Shia’a

The dictionary meaning of justice is based on truth and honesty. Reliability of the narrator is a condition in the Hadith.The Hadith metodologists discussed five conditions for that justice that are 1- the lie of narrato...

Dilden Düşünceye

Bu makale en genel ifadesiyle dil-düşünce ilişkisini incelemektedir. Yazara göre geçmişteki dil bilginlerinin büyük çoğunluğu ve Arap dil kurumları, dili lafız ve terkiplerden ibaret görmektedir. Oysa dil kullanım içindi...

Today’s Tafsir Problems

Like every science, Tafseer has problems too. At the top of these problems there come the ones that are related to Qur'anic interpretation methodology. About thirty years ago, these problems have started to be talked abo...

Download PDF file
  • EP ID EP563047
  • DOI 10.30523/mutefekkir.506123
  • Views 183
  • Downloads 0

How To Cite

Necmettin AYGÜN (2018). The Act of Claiming Rights of Women and Children in Aksaray and Surroundings in the Context of Marriage Contract and Guardianship (1742-1743). Mütefekkir, 5(10), 249-268. https://europub.co.uk/articles/-A-563047