Özet:

In Ottoman society, which was formed on the basis of the “millet system” with the conquest of Istanbul, freedom of faith and opinion among the communities composing this society, which included the members of various religions and parties of society, was guaranteed. With regard to certain rights of self-determination, judicial acts and cases that concerned private law were resolved according to the laws and customs of each community. Along with the Rūms and Armenians, Jews composed a significant part in the Ottoman millet system. Due to its multinational and multi-confessional social structure, the Ottoman Empire respected the religions and cultures of individuals in relation to private law. One of the fields in which this respect can be observed is the field of family law. Qāḍīs valued the consideration of the parties and made decisions by taking those considerations into account. This sensitivity was exhibited in the preparation of the last example of Ottoman legislation, the Ḥuqūq­i ʿĀʾila Qarār-nāmasi (Hukûk-ı Âile Kararnâmesi [Decree of the Family Law]), and the provisions “involving Jews and Christians” were established separately. This study will examine the place of Jews in the Ottoman social order and their judicial status. The study will conclude with some evaluations comparing Jewish customs and the rules of family law that were applied to the Ottoman Jews within the framework of Ḥuqūq­i ʿĀʾila Qarār-nāmasi, dated 1917.

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