Abstract:

The Ottoman Empire is a world-wide state that contains many different ethnic and religious structures. Likewise, Diyarbakir is an ancient Islamic-Ottoman city that includes non-Muslim elements as well as Muslims. Ottoman law has a structure that has been shaped by its own interpretations in the history of Islamic law, combining customary and sharia law. Naturally, this legal system has various provisions for non-Muslims. Accordingly, in the Ottoman Empire, in accordance with the classical fiqh doctrine, the subject was defined in two ways as Muslim and non-Muslim with a religious and political definition, and different legal statuses such as harbî (A citizen of a non-Muslim state at war with the Islamic state),  muâhid (A citizen of a non-Muslim state with which a peace treaty was made for a certain period of time), muste’men (Foreign non-Muslim who entered the Islamic country with effective legal protection) and dhimmi (Non-Muslim subjects living in Islamic countries) were attributed to all non-Muslims, whether they were subjects or not. The legal practices of the dhimmis are the subject of this study. In the article XVII-XIX. Century Âmid (Diyarbakır) Court of non-Muslims engagement, marriage, divorce, alimony, inheritance, will, foundation, purchase-sale, power of attorney, bail, etc. a photograph of their legal practices is presented.

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