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Family law in the Ottoman Empire

Ottoman family law is the set of regulations surrounding marriage, divorce, guardianship, and inheritance that were present during the reign of the Ottoman Empire from 1299 to 1922.

Legal reform
1917 Ottoman Decree on Family Rights The Hukuk-i Aile Kararnamesi (Decree of Family Law) of 1917 was an attempt by the Ottoman Empire to establish a standard, secularized family code to be applied to all Ottoman subjects. == Marriage ==
Marriage
Eligibility According to the 1917 Ottoman Decree of Family Law, the minimum legal age of marriage is eighteen years old for boys and seventeen years old for girls. This stipulation contradicts the Mecelle and Islamic law, which states that the age of consent is fifteen for girls. Familial consent is not required for men and women of marriageable age to enter into a marriage contract, however, the Decree of Family Law also stipulates that a judge will only permit a woman to marry if there are no legitimate objections from her guardians. The law also specifies an age range for puberty, with children below the threshold being considered minors and not being eligible for marriage, even with the consent of their guardian. People who are deemed mentally ill are also prohibited from marriage and cannot be married by their guardians. Administration Following the promulgation of the Decree of Family Law, all marriages had to be registered with the national Population Registry. Matrimony was required to be performed in court so that it could be reported to the Registry, an uncommon practice prior this new regulation. In a report from the Ottoman Council of Ministers dated 27 April 1887, it was decided that a special committee under the direction of the Governorship of Istanbul was to conduct investigations before matrimony. It is unclear what the procedure was for these investigations, but it is thought that Islamic law's requirements for marriage may have provided their basis. == Divorce ==
Divorce
The Decree of Family Law expanded grounds for divorce. Under these new regulations, a person could divorce if their spouse was afflicted with leprosy, sexually transmitted infections, or mental illness, along with impotence remaining as legal grounds for divorce. A wife can divorce her husband if he abandons her without leaving alimony. If the husband abandons her while leaving alimony, she may divorce him if he does not return after four years. A wife may also divorce her husband if he goes missing or is captured during a war. Incompatibility also serves as legal grounds for divorce. An arbitration committee is formed, composed of members of the families of the parties involved, to mediate spousal disputes. If they are unable to reach a consensus, the arbitration committee decides whether there should be a mutual divorce or a divorce at the fault of either the husband or the wife. Divorce initiated by a drunk person is deemed invalid. ==References==
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