Kırşehir’de XIX. Yüzyılın Sonlarında Sosyo-Kültürel Bakımdan Ailenin Genel Özellikleri 1875 - 1900

Bu çalışmada 1875 – 1900 yıllarıarasında Kırşehir’de ailenin sosyo-kültürel durumuna ait bazıözellikler, şer’iye sicilleri ışığında incelenmiştir. Kırşehir’de evlenme aşamasında kadının ve erkeğin rızasıgözetilmiş, nikah akdi sırasında kadının mehir hakkıihmal edilmemiştir. İslam hukukunda evlenecek erkeğin, kadına verdiği bedele mehir deniyordu. Mehir,mutlak surette kadının hakkıydı. İncelenen dönemde Kırşehir’de genellikle tek eşle evlilik tercih edilmiştir Ailelerin çocuk sayısıortalaması4’ün altındadır. Çocukların isimleri çoğunlukla İslamî özellik taşımaktadır. Çocukların ve diğer himayeye muhtaç olanların bakımına önem verilmiş; vasî, nâzır ve kayyum seçimine özen gösterilmiştir. Anne-babasıölmüşveya ayrılmışçocuklara 1875-1900 yıllarıarasında genellikle günlük 30-40 para nafaka takdir edilmiş, gerektiğinde bu miktar 60 paraya kadar çıkarılmıştır. Eytam sandıklarıvasıtasıyla hem yetim, gaib ve hastaların mallarıkoruma altına alınmışhem de halkın nakit para ihtiyacıkarşılanmıştır. Boşanmaların genellikle karşılıklıanlaşma ile gerçekleştiği görülmüş; boşanma durumlarında kadının ve çocukların zor durumda kalmamalarıiçin iddet nafakası, çocukların nafakası, annenin çocuklarına bakma hakkıgibi hususlarda çeşitli tedbirler alınmıştır.

Ottoman Empire had combined the obligations of Islamic Law with its common structure. Ottoman Laws arranged regulatory obligations about administrative, military, social and economical points. But, - in Muslim Societies - Islamic Law has been taken base about Family Law except some small interventions. In this study, some features about social situations of family in Kırşehir between 1875 – l900 years has been examined under the light of 1,6,10 and 14 number Court Records. In this period, Kırşehir was district of Ankara Province and most of its population was Muslim Turks. There was only a few documents at the Court Records about Greek and Armenian family structure so sufficient data that will reach us to general results was not availed. Su, in this study, determinations about Muslim family structure in Kırşehir were done. According to Islamic Law, it was not essential condition to arrange the marriage ceremony at the presence of an official servant or a religious functionary to be valid the marriage. However, it is seen that either the marriage act was achieved at the presence of Kadı Muslim Judge to implement the marriage condition or to exhibit the importance of marriage act. It was determined that the marriage act is achieved at the presence of Islamic court and also at homes in Kırşehir in the period that we examined. At the marriage phase, the consent of man and woman was considered, the dowry right of woman was not neglected. In the Islamic Law, dowry means the gifts property, gold, money that was given by man to woman when marriage act. The dowry was certainly and strictly right of woman. The dowry that was given before marriage ceremony or at time of marriage ceremony was called as “pre-matrimonial support given to the bride-to-be ”. The dowry that was given or undertaken by man after marriage ceremony was called as “after-matrimonial support given to the bride-to-be ”. The amount of dowry was changed according to economical situation of people that will marry and conditions of that period and mutually agreement. The “pre-matrimonial support given to the bride-to-be ” was determined as 200-250 kurus/cent in most of 253 estate records in Kırşehir covering 1875-1884 years. It is seen that the “after-matrimonial support given to the bride-to-be ” was as 200 kurus/cent in most of estate records covering 1884-1892 years. At the 14 number record that was covering 1896-1899 years, in 22 documents, the dowry amount, “pre-matrimonial support given to the bride-to-be ” was 200-1550 kurus; “after-matrimonial support given to the bride-to-be ” was changed between 100-1550 kurus. The Islam allows marrying to more than one woman but at the indispensable cases, but it sees ideal to marry to only one woman. At the researches that was done up to now, it is seen that marriage with sole spouse was valid. At the examined period, monogamy marriage was also preferred in Kırşehir 87, 8% of 644 families was monogamy , the reason of multi spouse was generally due to not having child from first wife. The names of children had generally Islamic features. The maintenance of children and other people who need protection was given importance; selection of guardian, custodian, and trustee was considered a lot. The clothing, feeding, accommodation needs of those people daily alimony from their property was determined by court and alimony deed was arranged. In 1875-1900 years, daily 30-40 money alimony was generally for children whose parent was death or separated was appreciated and if it is necessary this amount was increased to 60 money. The goods of children were kept without losing their value and also this money was given to poor to supply contribution to economical life in determined conditions through Orphan fund that was established to keep the goods of children and to prevent injustice. Also, the goods of poor and insane people was kept by those Orphan Funds. Islam Law gave right to man to “divorce” his wife with his own decision in name of “talaq/divorce” without intervention of a religion man or a judge. But, various measurements were taken not to misusing of this right. Also divorcing with mutually consent was taken place. In this divorce type that was called “Muhala’a” or “hul”, the woman who cannot agree with her husband was given right to escape from marriage if her husband didn’t want to divorce. Beside this, the man can give divorce right to his wife; while achieving marriage act, the woman can make a condition for divorce right. The divorce can be achieved by judge decision at the case of various diseases that are seen at spouses, absence, not supplying subsistence money and giving harm to spouse. The divorce records are often met at the Kırşehir Province Court Records. When the present documents about the divorce are examined, it was seen that there were mostly divorces with mutual consent; marital discords were foreground as the reasons of divorces. At the divorces, required measurements were taken not to leave the children and woman in difficult condition, delay alimony, alimony for children, and maintenance right of mother for her children. If the man divorce his wife, the dowry amount, “after-matrimonial support given to the bride-to-be ” that was determined at the phase of marriage ceremony and 3 months 10 days delay alimony must be paid to woman. If the woman is pregnant at divorcing time, the alimony of woman continued until giving birth after delay period. In our examined period the delay alimony was determined as 2,5 kurus for per day. According to determined facts from documents that the Ottoman Family is not a union which is established, lived and decomposed only by desiring of man. The woman had a voice in marriage and divorce together with man, her value was known as wife and mother in the family and she had been in social life according to terms of time. In Kırşehir, protecting and providing sustainability of family, and achieving the divorce if requires was determined in accordance with determined rules and obligations for keeping each people’s rights