Özet:

This study focuses on the provisions of the tafwīz al-talaq as reflected in the fatwas and the function of the tafwīz al-talaq as a remedy within the madhhab in Ottoman family law. It aims to demonstrate the practical forms of the tafwīz al-talaq, which is the husband’s delegation of the right to divorce his wife, and describe the functions it performed as an intra-madhhab way of resolving some family law problems. The strict implementation of Ottoman family law by the Hanafi madhhab has caused some problems in some cases, such as the absence of the husband, domestic violence, and polygamy. Numerous fatwas in the collections indicate that the delegation of the right to divorce serves to solve these problems within the madhhab. In the Ottoman fatwas, the phrase “Let your will be in your hand” is generally used to delegate the right to divorce. Muftis emphasize that the wife should accept and exercise the authority on time using appropriate words so that the delegated divorce leads to the separation. The most common problem that the delegation of the right to divorce solves within the boundaries of the madhhab is the absence of the husband. Many husbands who are about to go on a journey tell their wives that if they don’t come back by the promised time, their wives may exercise the right to divorce. In some cases, women require that the right to divorce be delegated to them to prevent their husbands from remarrying. In other instances, the right to divorce is requested by women who are worried about marital violence. This study, which uses the fatwas as the main data source, will improve and complement the extant doctrinal studies in the literature on historical family law practices.

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