A Comparison Of Ḥuquq-ı ʿAila Qararnāmasy with Saydishahry's Ḳitāb-ı Nikāḥ and Ṭalāq, Master's thesis

The Ottoman State, with the help of Tanzimat reforms, initiated some enactments. One of them is Ḥuquq-ı ʿAila Qararnāmasy, which was published on October 25th, 1917. Although the decree remained in effect for a short period of one and a half years, it had a broad repercussion. The decree was prepared by a commission and the chairman of the commission was Maḥmud ʾAsʿad Saydishahry. The book titled Ḳitāb-ı Nikāḥ and Ṭalāq by Saydishahry, who received both madrasah education and school education, was compared with the Ḥuquq-ı ʿAila Qararnāmasy which was written approximately ten years after this work. The thesis consists of an introduction and two parts. In the introduction part, the work titled Ḳitāb-ı Nikāḥ and Ṭalāq and the life of its author Maḥmud ʾAsʿad Saydishahry were cited first. Secondly, general information was given about Ḥuquq-ı ʿAila Qararnāmasy, its commission members, and the criticisms directed to them were expressed. In the first chapter, information has been given about the issues dealt with by Ḳitāb-ı Nikāḥ and Ṭalāq and the Ḥuquq-ı ʿAila Qararnāmasy and the ways they are being disputed. Ḳitāb-ı Nikāḥ and Ṭalāq dealt with the issues according to the classical Hanafi füru books and mostly did not convey any opinion outside the Hanafi sect. Saydishahry gave briefly his views on some current issues. In the second part, the provisions contained in these two works are compared. Maḥmud ʾAsʿad Saydishahry did not express an opinion that does not conform to the Hanafi sect in the Ḳitāb-ı Nikāḥ and Ṭalāq The views that do not conform to the Hanafi sect mentioned in the Ḥuquq-ı ʿAila Qararnāmasy were examined by taking into account the ʿAsbab-ı Mujiba Layiḥasy of the Decree.