Abstract:

A Muslim does not only relate to the subjects of worship; the answers he receives to the questions he asks whether his behavior in his family and daily life is in accordance with the religious rules are expressed in the term "fetva". In the Ottoman society, the fetva practice was mainly operated in the framework of the Hanefî religious drinks. In the process of fetva, the opinions of the Hanefî religious are based, and sometimes one of the few opinions on a subject is preferred and fetva is given according to that opinion. But the other religious opinions were differently approached in different periods. In fact 15. In the early centuries, the works that were painted were considered to be positive for the application of the views of either by arbitration (by appointing a judge of a member of the different religions) or directly from other religions, but in the works that were painted in the 16th century and after it was not permitted to do so. In principle, the judges are not recognized by the authority to act with the opinions of different disciples or interlocutors, but it appears that the public authority orders the application of the opinions of different interlocutors in certain matters. It is also understood that when necessary to take advantage of the opinion of the mutualists other than the Hanefish religion, it is possible only with the initiative of the public authority. Those who are in the midst of the covenant, and those who are in the midst of the covenant, and those who are in the midst of the covenant, and those who are in the midst of the covenant, and those who are in the midst of the covenant, and those who are in the midst of the covenant. These works are not only a fictional source but also a reference for the study of the historical conditions and social structure of the relevant period. In this study, in addition to the printed and widely used mecmues that include the Sheehul-Islam fetvals, the fetvals of the "Kenari-Mufti" called the "Kenari-Mufti" that have been used in the tail were attempted to deal with. In this context, Archbishop Mufti Pir Mehmed Üskûbî, Akkirman Mufti Ali Akkirmânî and Kayseri Mufti Ali en-Nisârî included the fetvals of the Mecmuas and the Mecmuas application sources collected by the Chorum Mufti Ahmed Feyzi Efendi. In the article, the representative power chosen from the fetva mecmues is moved from high examples of certain detections and assessments made in relation to the family structure of the pre-Tanzimat period. The study of all fetals related to all positions that concern the family exceeds the purpose and limits of this work. Instead, it is focused on examples that are thought to be appropriate to show thought and mindset in the background. The fact that a significant part of the relevant fetuses is based in the intestine, that some of them reflect the perspective and mentality of their periods, and therefore open to criticism, should not be ignored when assessed these fetuses. In the study, the fictional context of the subjects discussed was revealed, the mentality in the background of the sentences was evaluated, the links that showed the relationship of the fictional rules with each other were attracted. In the article, where necessary, these provisions are also criticized in terms of the general world view of Islam. The most remarkable point in this context is that the fighters who define the marriage act as "a act that allows the man to have the right to sexual benefit from the woman" have placed the rules in accordance with their definition while determining the rights and responsibilities of the parties, and even the provisions that regulate the access to the act. But some of the claims presented in this framework are open to criticism in terms of the values presented by the people. On the other hand, the article also highlighted the influence of society’s arms and traditions on the formation of the classical family structure by revising some of the rigorous provisions in the framework of the fiction and fetva rules. For example, the right to unilaterally terminate the marriage union by a man, according to the fictional rules, can be used in a fairly freely manner, accidentally/legally. If there is no valid reason, but if the man uses the right to divorce, the divorce is valid by law, even if the religious sin is considered to have been committed. But the reaction of society, including their own families and their close surroundings, to those who cannot leave for no reason, has significantly prevented the use of this right for no reason. In fact, this difference between the theoretical framework of the fist and the family life that the society’s fist forms has also attracted the attention of Western researchers living in the Ottoman society. As a result, as the article is a fictional and legal history work, it also keeps the light on the background of the problems presented today in the family.

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