Examination of fatwas and legal opinions in Ceride-i Ilmiyye in the context of Islamic law

This study aims to shed light on the application of family law during the Ottoman Empire from 1914 to 1922 through an analysis of the "Fatawa-i Sharefah" and "Ajweba-i Shar‛eyyah" sections published in Cerîde-i Ilmiyye, the official publication of the Meshihat Office. The research investigates how family law was practiced during that period. The study is structured into an introduction, two main sections, and a conclusion. The introduction provides an overview of the research topic, objectives, significance, methodology, and a review of existing literature related to Ceride-i Ilmiyye. The first section discusses the emergence and history of the Meshihat Institution and the Shaykh al-Islam Office within the Ottoman State. It also explores the duties and authorities of Shaykhs al-Islam, particularly in their role as heads of the Ilmiye Organization. The operational framework of the Fetvahâne-i Âlî (the high fatwa institution), a subunit of the Meshihat responsible for issuing fatwas and legal opinions, is examined. The significance of Ceride-i Ilmiyye in Ottoman legal history and family law is highlighted, including its reasons for publication and content. The second section delves into various aspects of family law, including the validity and procedures of marriage, guardianship in marriage, conditions for minors, marriage by proxy and fictitious marriage, impediments to marriage, marriage with non-Muslims and slaves, and the legal consequences of marriage such as dowry (mahr), alimony (nafaqa), and lineage. Under divorce, topics include different forms of divorce like talaq, tafreq, mukhalaa, and their consequences such as waiting periods (‛iddah) and accommodation (hidânah). The discussions are grounded in the principles of Islamic law and incorporate comparative analysis of fatwas and legal opinions found in Cerîde-i Ilmiyye with Ottoman practices, identifying any divergences from earlier periods.