Abstract:

It is accepted that abortion is the third type of murder offences (qisas and diyat offences). The punishments of offences against life and bodily integrity exist in the basic resources of Islamic-Ottoman Law. The most important property of these offences is victims and/or successors have right to forgive. The effect of an assault and or battery on abortion is the definition of abortion crime. This situation was written “ilkâ-i cenin” in the Qadı Records. All the Islamic – Ottoman lawyers agree with the punishment for the offence is 500 drachmae silver or equal to this diyat (fine). On the other it is asserted that as a unproductive period in 17th century Medressehs went wrong and there were not qualified officer in Ottoman This study examines whether aforementioned theoretical information was carried out in 17th century Istanbul practice. After specifying the framework of the offence, this study focuses on some important 17th century Istanbul Qadı Records that give significant data about the offence. This study examines only abortion crime in 17th century Istanbul. Researches show us the following conclusions: there were not so many Qadı records about the offence. Lack of the offence in Qadı Records can be explained as follow. The conflict about the offence could be solved without appearing before Qadı, by the way of muslihun. As doctrine mentions, Qadı Records show victims and/or successors forgive the perpetrator. However, it is understood from the Qadı Records that agreement (sulh) was the other way of solving the problem. Qadı records mentioned müstebîn’ûl-hılka in all the abortion cases. This detail shows us that official madhab theory in Ottoman State could be seen in the real life. Dhimmis and public servants could be both victim and perpetrator. Fathers had right to intervene as the principal person. No sooner had the perpetrator committed the offence than victims and or successors bring a lawsuit. Conflicts could be solved before mediators (Muslihuns). Records underline the details of the offence and existence of organs of embryos. It can be understood from Qadı records that Qadı had been taught well and practice the judicial process in the correct way.

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