Contributions of Ottoman Fatwā Collections to Inheritance Law: An Analysis of Legal Opinions by the 16th-Century Chief Muftīs

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Sağlam H., Toprak M. B.

Yearbook of Islamic and Middle Eastern Law Online, cilt.23, sa.1, ss.169-203, 2024 (Scopus)

Özet


This article investigates the contributions of Ottoman fatwā collections to inheritance law, focusing on the 16th-century chief muftīs’ fatāwā. It emphasizes the significance of fatawa in understanding Ottoman inheritance law and explores various aspects of the division of estate, highlighting the socio-legal dynamics and the use of fatawa by individuals seeking legal advice. Within this framework, it examines why individuals preferred obtaining fatawa from chief muftīs for the division of the estate over other options. The methodology of this study involved a comprehensive analysis of fatwā collections from 16th-century Ottoman chief muftīs, focusing on categorizing and interpreting these fatawa to understand their impact on inheritance law. The study reveals that economic considerations, complex family structures, mathematical issues in estate division, and specific legal situations significantly influenced individuals’ preference for seeking fatāwā. Through analyzing fatwā collections, the study uncovers economic motivations behind this preference, revealing how fatāwā offered a cost-effective solution for heirs, alongside addressing specific legal challenges like ‘awl and munāsakha.