Abstract
Child marriages are not historical issues or a thing of the past. This issue, which has legal, social, economic, psychologic, and anthropological roots and should be examined in this context, stands as a global and burning problem that awaits a solution not only in Turkey but also in all parts of the world including developed countries. Moreover, child marriage did not exist only in Ottoman-Islamic legal regulations but also in Chinese, Japanese, Indian, Roman, Egyptian, and Athenian civilizations. It has also been part of Hebrew or Christian traditions. Therefore, this phenomenon should not be reduced to a single society, culture, civilization, or religious tradition. Child marriage is related to the meaning associated with the concept of marriage and rather than an application that takes religion as a reference. Thus, it is necessary to accurately understand the meaning associated with the concept of child in Ottoman-Islamic law in order to comprehend this phenomenon in the Ottoman history. Those who are considered children in the 21st century was considered adults in the 19th or early 20th century. They were treated as individuals who claimed social and legal responsibilities. Therefore, one should pay attention to historical meanings of childhood in order to understand the teen marriages in the past rather than looking at the present meaning of the term. Otherwise, a contextual understanding of practices of previous centuries will be obscured.
In the Ottoman Empire, Hanafism, the official Islamic school of law, had not set an age limit for the eligibility of marriage until 1917 when reformists passed a new regulation, i.e., the Family Law. Again, according to the Hanafi perspective, extended family members or relatives had been empowered to marry off younger members of the family, which is called “velâyet-i icbâr.” Consequently, it allowed grandfathers, fathers, or other senior members of an extended family to marry off children. In the Ottoman society marrying off young women was already a custom and it was usual to marry off young girls as well. Various factors played a role for child marriages.
The number of orphans among the early marriages in the Ottoman society amounted to a significant rate and it should not be underestimated in general evaluation of the subject. In order to secure the welfare of the orphan girls their guardians usually married them off at an early age with a noble intention. However, ill-tended relatives also involved in marrying orphan girls and abused their legal powers. This paper examines such an abusive case on Nesibe’s marriage in the 19th century. When young Nesibe’s father passed away, a legal guardian was assigned a legal while her mother Hayriye hanim was alive. When Nesibe was visiting her older sister in Beykoz, her sister married off Nesibe. In this situation, Nesibe was thirteen years old when her mother and legal guardian married off her three months before her sister married off her to another man again.
The purpose of this article is to demonstrate that how “velâyet-i icbâr,” the power of an extended family members or relatives to marry off young members of the family, had been abused in the Ottoman empire as the case of Nesibe’s marriage provides some evidence. Islamic jurisprudents, especially those of the Hanafi school of law, drew a very broad framework for the velâyet-i icbâr, which provided the basis of many teen marriages in the Ottoman history. In this regard, this article presents a useful case study to the Ottoman practices of teen marriage. The paper examines the story of Nesibe, a thirteen-years-old girl, who had been married off twice by her elders, and analyzes the subsequent complaints made by petitions to the Ottoman police department. The issue is traced from the official correspondence between Ottoman administrative institutions. Relevant documents are located in the President’s Ottoman Archives in the Council of State section by the 782nd file and 26th cover comprising eleven documents in total.
Teen marriage is the subject of religious studies because of its direct relation to Islamic law and social history of the Ottoman Empire. The question of teen marriage has already been the subject of detailed discussion among the jurisprudential corpora and books. For instance, the texts on teen marriage constitute a great extend among the published works of Islamic jurisprudence such as “Ahkâmu’l-Tıfl” (Regulations on Minors) and demonstrates the significant relevance of the topic for religious studies.