Women in the Ottoman Empire

This article looks at several examples of women's issues in Ottoman society.

Ottoman Law

Islamic women in the Ottoman Empire were governed by the Sharia. Sharia deals with many topics addressed by secular law, including crime, politics, and economics, as well as personal matters such as sexual intercourse, hygiene, diet, prayer, everyday etiquette and fasting.

There are two primary sources of sharia law: the precepts set forth in the Quranic verses (ayahs), and the example set by the Islamic prophet Muhammad in the Sunnah.^[1] Where it has official status, sharia is interpreted by Islamic judges (qadis) with varying responsibilities for the religious leaders (imams). For questions not directly addressed in the primary sources, the application of sharia is extended through consensus of the religious scholars (ulama) thought to embody the consensus of the Muslim Community (ijma).

The muftis play an important role in this decision-making process, because as learned scholars, their opinions about a certain case were recorded and could affect the judge's decision. A judge or any other individual could request the muftis' help in legal matters. Depending on the standing of a mufti, his fatwa could overrule the judge's decision in certain cases.

Legal Advice of mufti Ramli

Turkish women smoking hookah around 1910

Kayhr al-Din Ramli was a mufti who provided legal opinions that concerned the position of women in Islamic society regarding marriage, divorce, and violence.

Arranged Marriages

The mufti Ramli was presented a case about a girl who, being a minor, was married off by her brother. Once she reached adulthood, she wanted to annul her marriage. However, her husband argued that she wasn't able to do this, because her brother "had acted as an agent to her father".^{[2] :66} She, on the other hand, claimed her brother had married her off while her father was away on a journey. In response to this situation, Ramli expressed that "if her husband proved his claim, then her choice is cancelled".^[2]:66 However, if her father had authorized the brother to arrange the marriage, then she was not able to annul the marriage. She only had a choice if the marriage was arranged with her brother as a guardian, because "only the father's and grandfather's marriage arrangements cannot be cancelled".^[2]:66

Kidnapping

Another case regarding marriage arrangements concerned a virgin who, as an adult, was kidnapped by her brother and married off to an "unsuitable man".^[2]:66 In response, Ramli expressed that the father had the right to separate the marriage due to the unsuitability of the husband, even if the marriage was consummated. The conditions being, however, that the woman was not pregnant or had given birth to children, had received the dower. However, if the woman was married off without consenting to it, she could just choose to divorce her husband without her father's intercession, since her brother was not a proxy.

Divorce and Annulment

In another case, woman was abandoned by her husband and suffered from him leaving her with no support or legal provider. "She therefore asked the Shafi to annul the marriage"^[2]:66 and as proof brought two witnesses to support her claim. Her marriage was annulled and she went on to remarry. However, the first husband appeared again and wanted to cancel the judgment. To this, the mufti answered that once the whole process was done, the annulment was reasonable and nobody could nullify it.

Consummation

A man claimed that his adult wife, who was supposed to be a virgin, had been deflowered,^[2]:67 which he found out after having intercourse with her several times. Ramli's legal judgment in this case was that the dowry was required and that her personal testimony in reference to her virginity was enough to prove her chastity prior to the marriage. Punishment and the negation of his testimony could also apply to the husband for accusing her without any evidence. If he accused her of adultery, he had to support his argument (if she requested so) by having four witnesses testify. Failure to do so could cause him legal penalties.

Violence Against Women

A man kidnapped a woman who was married to someone else and took her to the shaykh^[2]:67 of the village who gave them hospitality. There, the man "consummated the marriage"^[2]:67 with the argument that relations existed between him and the woman. This case was considered to be a serious crime, and according to Ramli, both the kidnapper and the shaykh deserved a beating and extensive imprisonment. Ramli even considered execution for these men, because he felt they had completely disobeyed God. Ramli expressed that people associated with this type of crime would be punished by God.

On another legal issue related to violence and women, a legally married person captured a virgin and deflowered her. She escaped and returned to her family, but then he wanted to forcefully take her away again. Ramli declared he should be prevented from doing this, but if he claimed shubba, there would be no haad^[2]:68 punishment and he would just have to pay the dower. If he didn't claim shubba, and his actions were proven, a punishment would have to be applied to him. If the man was a muhsan,^[3] then he would have to be stoned. In the case that he was not a muhsan, he should be flogged. Furthermore, Ramli also added that if the haad was cancelled, a dowry had to be paid.

Examples of Women's contribution in The Ottoman ages

Piri Hanim, who was immanent in the Science of the Prophet's tradition and sayings, and the interpretation of the Quran, was mentioned in her Grandson Seyhulislam Fayzullahs writings.^[4][5]

Mihri Hatun, whose family were part of literary circle around Prince Şehzade Ahmet,became a known poet.^[6]

A mosque was founded by Suleiman's wife, Hurrem. Two other mosques were known by the name Mihrimah Sultan (1548-1565).^[7]

References