Alimony Provisions of the Mefkûd Person in Islamic Law (Ottoman Application)

Abstract

In Islamic law, a person who is lost and whose whereabouts is unknown and who has no information about whether he is dead or alive is called mefkûd. There is a disagreement among the sects as to which kind of property the alimony should be paid to the wife, parents and children of the mefkûd. According to Hanafis, their alimony is covered from their other goods, other than movable or immovable goods, which are within the scope of uruz (commercial goods), which do not risk damage or destruction. According to other sects, their alimony is paid from all kinds of property of the mefkûd. On the subject of the alimony of their relatives, the other three sects, except Hanbalis, share the same view and are of the opinion that their alimony cannot be obtained from the property of the mefkûd. This study, has been handled based on on the Ottoman Period fatwas and court decisions. It is accepted that Islamic Law was applied in the Ottoman Period 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 whether Islamic law (Hanafi views) was applied in the Ottoman Period, especially in terms of alimony obligations.