Transcription and analysis of the fatwas on marriage and divorcement in İlaveli Mecmua-i Cedîde

This thesis focuses on the fatwas about marriage and divorcement in Ilâveli Mecmûa-i Cedîde. The study consists of introduction and three parts. The primary aim is to transcript relevant fatwas into Turkish and to translate their narrations into Turkish and finally evaluate them with respect to Islamic Law. Initially a brief information for the fact of fatwa is given. The institutional structures in Ottoman Empire such as fatwa applications, muftiate, shayk al-Islamism and fatwa bailee were examined. In doing so the historical period before the İlaveli Mecmua-i Cedîde is exhibited and the process of copyright of Ilâveli Mecmûâ-i Cedîde is discussed. In addition, the determination of the biographies of the Shaykh al-Islams who gave the fatwas and the references cited in the fatwas are among our aims. The total number of fatwas in both the marriage and divorcement sections of the Ilaveli Mecmua-i Cedîde, how many bâbs marriage and divorcement sections consist of, the number of fatwas in each bâb and the number of fatwas given by Shaykh al-Islams take place in the thesis. Some tables are included to show the data together. The comparison between the fatwas which were given according to Hanafi fiqh and Hukuk-i Aile Kararnamesi is also one of our aims. Therefore in examining the clauses in Hukuk-i Aile Kararnamesi, the different fatwas in Hukuk-i Aile Karanamesi and Ilaveli Mecmua-i Cedîde on same issue are determined. According to relevant clauses in Hukuk-i Aile Karanamesi it is seen that there are some changes in the points on which various fatwas in the bâbs which are "marriage, the marriage of proxy and of fuzuli, curators, equations, rejection and divorce" are given. The deliverances regulated by sixteen fatwas, which are one fatwa in Kitâbu'n-nikâh; three in the marriage of proxy and of fuzuli bâb, ten in curators, equations-rejection bâb and one in Kitabu't-talak, one in contracted divorce, were changed.