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

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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

EP ID EP563047
DOI 10.30523/mutefekkir.506123
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