Mukhālaʿa From Theory to Practice: In the Model of the 19th Century Istanbul Bab Court and Diyarbakir Qāḍī Registries

Abstract

The qāḍī registers are critical sources in that they reflect the socio-economic, cultural, and political structure of the Ottoman state, and show how Islamic legal theory works in practice. Not only do registers provide researchers with important information on legal proceedings such as endowments, donations, purchases, leases, and inheritances, but they also provide critical data on issues directly related to family law such as marriage and divorce. Although divorce does not require a court record in Islamic law, mukhālaʿa is generally registered with a court record. By comparatively presenting two different experiences of mukhālaʿa such as Diyarbakir and Istanbul, this article provides a holistic look at Islamic family law as applied in the Ottoman Empire and reveals the practical counterpart of Islamic legal theory.