Conditional divorce in Ottoman society: A case from seventeenth-century Erzurum

The family, which occupied a significant place within the socio-cultural structures of the Ottoman State, was of great importance to governmental authorities because it played a vital role in preserving social peace. Therefore, the status of the family was determined in accordance with certain laws. The lack of an official and complete family law in the Ottoman State until 1917 is the reason why official documents on the legal position of the family within the society can be found only in the records of the Divan-i Himayun (Imperial Council) and the Sharia Sijills. As the highest court in the state, the Divan-1 Humayun decided most commonly on important state affairs and rarely on other matters. Yet the divorce case examined in this study was handled by the Divan-l Humayun, which makes this an important case for an evaluation of the place of women within Ottoman society. This study, then, not only illustrates the legal status of the family unit in the seventeenth century as reflected in the records of the Divan-l Humayun but also exemplifies women's right to go to the court of appeal and to divorce.