Akademik Veri Yönetim Sistemi
HITIT THEOLOGY JOURNAL, cilt.21, sa.1, ss.637-666, 2022 (ESCI)
In the Ottoman Empire, non-Muslims with the status of dhimmi had the opportunity to solve their cases named civil status such as marriage, divorce, alimony, and inheritance in the community courts according to their own laws. On the other hand, they also had the right to apply to the Kadi court for the aforementioned cases. In the Ottoman Empire, dhimmis applied to the kadi court mostly on social issues such as marriage, divorce, dowry, alimony, child custody, and inheritance. In Ottoman history, the significance of the kadi registers, which contain the records of the cases held at the kadi court and which is the main source on social life, economy, law and similar issues, is known to everyone. The shari'a registers belonging to the Trabzon court, which were used as the main source in this study, have reached the present day in series. According to the shari'a records, it is understood that dhimmi men and women applied to the kadi court for many matters such as marriage, divorce, inheritance, bailment, alimony, purchase-sale, and receivables-payables. In this article, the practice of using the kadi court by dhimmis in Trabzon, where Muslim and non-Muslim populations live together, is discussed. An attempt was made to clarify the reasons why dhimmis use the Kadi courts instead of applying to the community courts accordaning to their own legal norms for their cases that fall within the field of private law. In the Ottoman Empire, dhimmis had the right to apply to their own community court on issues that fell in scope of ahval-i sahsiye (civil status). Furthermore, dhimmis had the right to marry, divorce, enter into debt relationship, acquire movable and immovable property and become heirs within the scope of Islamic law. While Islamic law enabled dhimmis to be subjected to their own religious law rules in some matters, it also allowed them to apply to the Kadi courts. Dhimmis applied to the Kadi court mostly on social issues such as marriage, divorce, child custody, and inheritance. In this study, the applications by dhimmis to the Kadi courts in subjects that fall under the private law were examined by using the shari'a records of Trabzon in the first half of the XVIII. century. In the Ottoman Empire, individuals could apply to the court directly to resolve their legal issues, and sometimes they had the right to be represented in the court through their representatives. Those who did not or could not come to the court for different reasons made their applications through the attorneys. There was no limit on representation by an attorney in court. In the classical period of the Ottoman Empire, there was a practice of Muslims performing marriage contracts in the presence of a.a.i or by a religious official with the permission of the Kadi NonMuslim clerics, who were officially appointed for dhimmis, had been given the power