Abstract:

This article focuses on the divorce swears that reflect from the Ottoman society life to the fetuses, the breaches of the swears and the legal means proposed by the Mufti to cancel the swears. The aim is to show the fields of use of the divorce jury in the Ottoman society by moving from the issues consulted to the Muftails, the internal and external problems it creates and the ways to solve these problems. The fetvals used as a source of data in the article were limited to those who were questioned personally to the Hanefî mufti who served in Anatolia and Rumeli in the 16th and 18th centuries. The article is a law-history study that uses the fetals found in the texts found in writing as a basic source of data. The acceptance of conditional divorce as a kind of swear in the Ottoman society has prepared the ground to be used for different purposes beyond the saving of divorce. A lot of fetva shows that divorce jury in the family is sometimes a means of limiting and educating the wife of the husband, sometimes a measure taken against the rules of the Hanefî religious religion that can cause victims against the woman. The divorce jury was used to strengthen personal decisions in the social life, often served as a verbal guarantee in debt relationships and allowed authority owners to press people. The breach of the divorce swears would cause serious family problems in many cases. Therefore, the Ottoman Muftials proposed some legal measures to cancel the swears. These methods are often the divorce, divorce, and divorce, and divorce, and divorce, and divorce. The article describes and explains many of the fetvages on which these findings are based in the accompaniment of Hanefî law teachings.

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