Abstract:

Through The Decision of The Izmir Shari’a Court’s Records, Parents are responsible for the child-care and bringing up the children together in the Islamic and Ottoman Family Law. However, in the event of divorce or death of a spouse, laying the burden on a single peer wasn’t seen equitable. The extent of this child care includes healthy nutrition; if the child is little, breastfeeding; playing games with the kid; showing him/her around, personal hygiene, taking care of his/her protection and follow-up, education and training also all the other jobs that require one to be made with the children permanently. However, the obligation of maintenance has an important fi nancial aspect as well. In Ottoman Family Law, these two maintenance responsibilities were shared among a mother and father. From this case as a part of our study was understood that the little/kid was given to hidane of grandmother because of the death of kid’s mother. On the contrary, the Court decided to have the father pay alimony. As the historical background of this decision is traced, the main and auxiliary sources in Islamic Law have been approached. Because of this reason, hidane, alimony, breast-feeding (radâ’) and legal representation in Islamic Law are tried to explain. Including controversial issues among sects in Islamic Law and trying to assess how the Ottoman Court decided according to which point of view in this example of case. This case in the Ottoman State that is to give hidâne right of the child whose mother passed away was entitled to a grandmother and laid the burden of the alimony on the child’s father is discussed parochially. How the judge evaluated the hidâne right, the right of custody and responsibility of alimony was assessed in this case that appeared in the Sharia Court Records of Izmir that is the one of the important cities of the Ottoman Empire. Thus we carry the conviction that there will be an opportunity to make a comparison with the records of other cities.

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