Abstract:

Noncompetent people such as orphan, motherless, mad, extravagant need legal and financial representation to live on, benefit from their rights and not to get into a jam. These people, who should obligatorily be protected, and who are noncompotent for their rights are generally referred to as those with juridical disability. During the preparation of our study, various official reports, reflecting on the Konya’s court records regarding people with juridical disability who were under custody in Ottoman period, were used. Firstly, which method was followed regarding the care, maintenance and meeting needs of orphans, motherless people and other people with juridical disability who need supervision were questioned through samples from the records dating from 1640 to 1740. Moreover, the answer of questions such as “Is the application of wardship different from the practice in Islamic law?Is the protection of people with juridical disability under the responsibility of the state or family at this period?, Which characteristics shouldthe person or institution have that will protect person with juridical disability?,What are the obligations of persons in charge of protection?,Under which conditions is the person with juridical disabilityput under protection?, How the expenses of person with juridical disability are covered during the period of care and supervision?,” were sought with the aim of the investigation of wardship association in Ottoman. Benefiting from islamic law books, fetwa books, verses and hadiths, and also through the samples included in court records, the situation in theory and practice was attempted to be determined in order to answer above mentioned questions.

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