The Ottoman Empire, with its vast and cosmopolitan structure, developed regulatory rules in every field. One of these regulations is the Family Law Decree, which includes family issues such as marriage and divorce. The Hukuk-ı Aile Decree, which is accepted as the first Ottoman law regulating marriage and divorce , comprehensively addressed the issues related to family law and formed the legal framework of civil and social relations.
What is the Family Law Decree?
The First Family Law Decree in the Ottoman Empire regulating issues such as marriage, divorce and alimony, came into force in 1917 during the reign of Sultan Mehmed Reşad V. This decree was prepared by the Sheikh al-Islam of the period and aimed to protect the family order in society. With the effect of social changes and modernization movements, the Ottoman Empire felt the need to regulate family issues by law and issued the Family Law Decree in this direction.
Features of the Family Law Decree
The Hukuk-ı Aile Decree is one of the first laws in Ottoman society that brought a certain order to issues such as marriage and divorce. This decree was inspired by Islamic Sharia law but also incorporated modern legal principles.
It has ensured the legal protection of each individual by addressing the marriage and divorce conditions of men and women, alimony obligations, custody and inheritance rights of children. The fact that it also included some articles protecting the rights of women started a transformation in the social structure of the period.
During which sultan’s reign was the Family Law Decree issued?
The Family Law Decree was issued during the reign of Sultan Mehmed Reşad V. Sultan Mehmed V Reşad, one of the last sultans of the Ottoman Empire, attached great importance to modernization movements and supported some reforms inspired by Europe.
During this period, the existing legal system of the Ottoman Empire was updated, and new laws were enacted in various fields in order to protect the social order. The Family Law Decree, which was issued with the support of Sultan Reşad, is an important part of these reforms.
Articles and Content of the Family Law Decree
The Family Law Decree made comprehensive regulations on family law in the Ottoman Empire and set forth various articles on issues such as marriage, divorce, alimony and custody. The articles and content of the Family Law Decree include regulations especially regarding the divorce process.
Articles such as the rights of spouses during the divorce process, women’s alimony and compensation rights are considered very important in terms of protecting family order. In addition, criteria such as the age of marriage have been determined and the age of marriage has been determined as 17 for women and 18 for men. This is considered an important step in terms of protecting women’s legal rights in the Ottoman Empire.
In Which Society Was the First Family Law Seen in History?
Family law is a branch of law that emerged with the development and civilization of societies. It is thought that the first family law regulations in history began in ancient Mesopotamian civilizations such as the Sumerians and Babylonians. In these societies, some rules have been developed regarding issues such as divorce, marriage and alimony in order to protect the family structure.
The Ottoman Empire was also inspired by this historical heritage, but developed its own family law based on the principles of Islamic law. In this context, the Family Law Decree, which came into force in 1917, was an important example of the Ottoman attempt to legally secure the family structure.
The Importance of the Family Law Decree Today
Today, traces of the Ottoman period Family Decree can be seen in the basic structure of family law. This decree is considered one of the cornerstones of modern Turkish family law and still makes its impact felt in matters such as protecting women’s rights and securing the legal rights of children. The innovations brought by the Family Law Decree represent the beginning of a reform process in the field of women’s rights that has continued from the Ottoman Empire to the present day.
Bibliography
- [Ottoman Family Law Decree – TDV Encyclopedia of Islam](https://islamansiklopedisi.org.tr)
- [Modernization and Family Law in the Ottoman Empire – Republic of Turkey Ministry of Culture and Tourism](https://kulturportali.gov.tr)
- [Studies on Turkish Law and Family Decree – Ankara University Publications](https://dergiler.ankara.edu.tr)
