Issues related to talāq in the XVIth century Ottoman fatwa literature and their evaluation: A Study of the fatwas of İbn kemāl and Ebussuûd Efendi

The family is one of the fundamental building blocks of society, and Islam places great importance on the institution of marriage, encouraging its practice. The Islamic conception of the family is built on core values such as love, respect, mercy, tolerance, and justice. Marriages based on these values are generally sustainable, but occasional conflicts between spouses can make the continuation of the marriage challenging. The disintegration of the family unit is not viewed favorably in Islam; therefore, Islamic law emphasizes the necessity of taking various measures to ensure the healthy, peaceful, and harmonious continuation of the family before resorting to divorce. Talaq is considered a last resort. Talaq refers to the unilateral dissolution of the marriage contract, either immediately or in the future, through specific verbal declarations. This issue remains relevant from the past to the present. This thesis examines the fatwas of prominent Ottoman Şeyhülislams in the 16th century, specifically İbn Kemal and Ebussuûd Efendi, regarding talaq and evaluates the solutions they proposed for related issues. In resolving matters concerning talaq, both İbn Kemal and Ebussuûd Efendi generally adhered to the ijtihad of the Hanafi scholars, taking previous fatwas into account. However, in certain cases, they also based their rulings on the ijtihad of scholars from other Islamic schools. Ultimately, both Şeyhülislams sought to issue fatwas that aimed to preserve the family and promote marital stability, considering the political and social context of their time.