THE MARRIAGE OF SMALLS IN THE OTTOMAN PRACTICES AND MARRIAGE WITHOUT THE PARENTS


KORKMAZ Ö.

BILIMNAME, cilt.37, ss.453-475, 2019 (ESCI İndekslerine Giren Dergi) identifier

  • Cilt numarası: 37 Konu: 1
  • Basım Tarihi: 2019
  • Doi Numarası: 10.28949/bilimname.476671
  • Dergi Adı: BILIMNAME
  • Sayfa Sayıları: ss.453-475

Özet

The marriage of minors by their parents has been recognized by most Islamic jurists. Unlike the others, the Hanafi sect imams kept the boundaries of these parents very wide, but they decided to prevent the negativity of the children by recognizing the choice of adolescence. This was also the case in the Ottoman Empire based on the Hanafi sect. However, the issue of the legitimacy of the marriage of minors, in other words, the issue of marriage is a matter that is discussed and discussed by contemporary Islamic jurists. However, in the studies on the subject, it is hardly mentioned how this view is adopted and applied by Islamic societies. In this study, it has been tried to reach some determinations about whether the marriage of minors and parental unauthorized matter are common in Islamic society within the framework of practices. However, due to the Ottoman period, the records of the applications in the Ottoman period were focused on the applications. Although Adana documents are used as the main source, data from some maritime books belonging to different regions of the Ottoman Empire have been used. In addition, the article about the marriage of minors in the Family Law Decree and the criticisms against this article were compared with the findings. Thus, in this study, it was aimed to draw a general framework about what the size of the practices related to marrying minors in the Ottoman society until the year 1917, when the decree was written.