İslam Aile Hukukunda Evlilik Nafakası Olarak Mesken (Osmanlı Uygulaması).

There are three types of alimony in Islamic law: marriage, relationship and property. In this study, residential alimony, which is included in the scope of marriage alimony, will be discussed primarily within the framework of the views of four sects. Then, based on the Ottoman era fatwas and court decisions, the right of a woman to live in alimony will be dealt with in the Ottoman practice of Islamic family law. It is accepted that Islamic law was applied throughout the Ottoman era and in this context, the Hanafi sect was adopted as the official sect. As a result of the study, it will be possible to determine if Hanafi views were applied during the Ottoman era, especially in terms of housing alimony. Food, clothing, housing, treatment and maid expenses are included in the scope of marriage support, which is a right for women in Islamic family law. Housing means the place where a person or family permanently resides in a house or part of it. In order for this to be a legal residence, at least it must have parts such as toilet and a kitchen. The house is one of the legal conditions for the husband to live a family life with his wife. By the time a woman moves to the house of marital life and becomes a wife, she has the right of alimony. However, it is considered disobedience for a woman not to move there even though the house is ready, or to leave the house without getting permission from her husband after moving, and therefore, she loses her right to alimony. However, the woman is not deemed to have disobeyed for reasons such as the "dowry (al-mahr)" is not given to the woman, although the first sexual intercourse does not take the woman stays in her parents’ house with the consent of her husband, the house does not have the characteristics of the legal residence, the woman does not want to live in the same house as the second wife or mother-in-law, the husband expels his wife from the house without divorcing, living in another house with her husband’s permission and the woman’s alimony rights continue. What is meant by the phrase “legal residence (al-maskan al-shar‘ī)”, which is abundantly reflected in the Ottoman court records, is the same as the dwelling defined in Hanafi sources. The minimum criterion that Hanafis seek for a dwelling to be legally considered a dwelling is that to be a lockable room/space with parts such as a kitchen and toilet. In the relevant court records, it is seen that the experts appointed by the court, which is meant by “legal residence”, take into account the minimum criteria mentioned when examining whether that dwelling in question is “legal residence”. Courts consider that the woman’s residence with the same foreigner and the fact that the house is in an unsafe neighborhood cause the religiousness of the dwelling to deteriorate, and they decide to prepare a new dwelling for the woman in such a situation. There are decisions in the court records that the woman has the right not to obey her husband because she has not received her dowry in advance. Therefore, in these cases, women’s alimony rights continue. Likewise, women who do not obey their husbands and do not move to their house, even though they have received their dowry in advance, are decided that they do not have such a right. Therefore, alimony is not paid to women in this situation. In addition, in cases such as the woman leaves the house because it does not qualify as a legal residence, the woman does not live in the same house with the second wife or mother-in-law despite the fact that the house is a legal residence, not moving to her husband’s house for reasons that cannot be considered disobedient, and being expelled from the house, the courts make positive decisions regarding their alimony demands. In addition to these, the courts have ruled that women who commit disobedience do not have the right to alimony. Throughout this study, which is handled specifically on women’s right to residence, it is possible to determine that Hanafi sect views are valid in the application of Islamic law in the Ottoman era. [ABSTRACT FROM AUTHOR]