Master'sOpen Access

According to 19th century Diyarbakir Shar'iyye Registers, the formation of the family and its analysis in terms of Islamic law

2025
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Advisor: Doç. Dr. Ümit Güler

Abstract (EN)

This study aims to examine the reflections of the institution of marriage in the context of Islamic family law, focusing on the sharia records kept in the courts of Diyarbakir in the 19th century, by revealing the general structure of the Islamic-Ottoman legal system. Focusing on the relevant practices reflected in the kadı records, this study aims to analyze the data obtained from the perspective of Islamic law. This study, which consists of a total of four sections, including an introduction, two chapters, and a conclusion, discusses the scope and importance of the study and the methods and sources of the research in the introduction. The first chapter discusses the historical development of Ottoman law, the distinction between Sharia and customary law, the structure of the state, and the basic sources of legal practice, focusing on the general functioning of the Ottoman legal system. The second section, which forms the main subject of the study, examines marriage practices reflected in the Diyarbekir kadı registers, pre-marriage processes, legal conditions of marriage, types of marriage, and rights and obligations arising from marriage. In this context, fundamental concepts such as capacity, guardian, witness, dowry, alimony, and equality are evaluated from both fiqh and customary perspectives. In this study, which combines contemporary and classical fiqh sources with qadi records, a comprehensive assessment is made of the practical applications of family law within a specific place and period.

Author

Dr. Abdurrezzak Gündüz

How to Cite

Abdurrezzak Gündüz (Master Thesis). According to 19th century Diyarbakir Shar'iyye Registers, the formation of the family and its analysis in terms of Islamic law, 2025, Batman University.

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