The custody of the child in Ottoman law (16-19. centuries)

Researches based on historical documents shows that it is necessary to evaluate the allegations in the direction of that the current practices of the law continue to exist independently of it and that fiqh develops on a absolute theoretical level, by making analyzes in the light of legal history data. This study, in which deals with the custody of the child is expressed by scrutinizing classical islamic jurisprudence books, fatwa journals and the records of muslim judge, aims to contribute how Islamic law was applied between the 16th century and 19th century in the Ottoman Empire, whether it changed or not, what the aspects of the theoretical and practical fields do not overlap with each other, and to what extent islamic jurisprudence books had a share in the implementation of the law in a certain framework. The subject has been labored to be put forward in terms of theory and practice by examining the custody over the personal of the child in the first part of this research, which consists of three parts, the custody over the property of child in the second part and child care and upbringing in the third part