From the early days of the Ottoman Empire, alimony paid by men and collected by women for themselves or their children was an important source of income for family livelihoods, and the Ottoman state, based on Islamic law, attached importance to the provision of family maintenance after marriage and after marriage.
With modern developments in the 19th century, women who brought this situation to the courts increasingly began to seek rights. As a requirement to know the state of society, although the State tried to support women, it could not prevent problems in this regard. In particular, the man who left his family provided some alimony in advance after being discovered, but did not pay the subsequent payments.
The women who are waiting endlessly want to eliminate this uncertainty and get rid of the heavy burden on their shoulders. Just as there are those who return to their hometowns or try to end the livelihood problems of their families, there are those who do not want to meet them and divorce.
For unmanned families and military dependents, the State provides the necessary support. If necessary, he was exempted from his military service. Especially at the end of the 19th century, the problems encountered by non-Muslim families in alimony cases, stemming from internal and external problems of the state, were tried to be solved in the form of "subjects, state - imilliyeyehakimtabi'i blood" with the slogan of unity and solidarity.
From the early days of the Ottoman Empire, alimony paid by men and received by women on behalf of themselves or their children was an important source of income for family living expenses. Under Islamic law, the Ottoman Empire emphasized alimony for families after divorce and during marriage.
As a result of modernization in the nineteenth century, women began to seek their rights by taking the situation more effectively to the courts. Although the State has tried to support women as a requirement of the understanding of the State in society, it has not been able to prevent this problem from amerging. Especially when men who left their families were discovered, they were asked to pay some alimony in advance, but they did not pay their next payment.
In the endless waiting, women want to end this uncertainty and get rid of the heavy burden on their shoulders. Some return to their hometowns or try to end the family's financial difficulties, while others do not want to see their families and divorce.
On the other hand, the State provides the necessary support to homeless families and the families of soldiers. If necessary, the State exempts them from military service. In particular, by the end of the 19th century, due to internal and external problems of the state, the problems of non-Muslim families in alimony cases tried to be resolved with the slogan of solidarity and solidarity, namely "The state of the subjects - I miliya hakim tabii ne sebinden".
Şemseddin Sami defines alimony as "money distributed to orphans or women who divorce (divorce) from cânib-işer'-işerif". In short, in the dictionary, by court judgment the pension tied to the person that the person is obliged to take care of.
At the same time, alimony refers to the mandatory expenditure made to prolong life, which is divided into two parts: family law relations and property relations. Marital and kinship support examined in the scope of the study was included in the alimony arising from family law relationships.
In marital alimony, Islamic jurists agree that the debtor should be identified as male (even if poor, missing, sick) and the creditor as female (even if he has financial power). The husband is the debtor of alimony and in order to continue living in a normal way, the necessary necessities must be met. However, at this point, the financial situation of the spouse and customs and traditions should be taken into account.
In general, among the sources, the necessities in question are listed as food, clothing, household goods for houses and homes, maid expenses, childcare costs, treatment and doctors' expenses, wedding dowry expenses and funeral expenses in the event of death.
Although there are divergent views on whether all these issues should be considered in the context of alimony, Islamic jurists agree that appropriate decisions should be made on the basis of general principles, especially custom, rather than resorting to extravagance and ostentatious in meeting needs.
In the context of the study, alimony paid or not paid by both spouses as a result of a request by the woman on behalf of herself and her children was examined on the basis of archival documents. In the file alimony, after divorce and after the disappearance of the husband, the ideal LMA is split in two. The common problem of both is the inability to pay alimony for the man responsible for maintaining the family. Even if the situation is taken to court and a decision is made to make an advance payment or instalments, there is no question of continuity of payment.
Here, alimony for people working in government positions is excluded. Although the Ottoman state tried to intervene in the situation by understanding the state of society as a requirement of the times, this was impossible due to the conditions in which it was located. In the study, the issue of alimony within the family was discussed in detail and solutions proposed by the State and by the women themselves were proposed.
Alimony is one of the legal consequences of the marriage contract and is the maintenance obligations and expenses related to the property relationship arising from the family relationship within this scope. As long as the husband is alive, the amount of alimony decided by the court and the consent of both parties will not expire. The predetermined amount of alimony can only be due for one month.
In this case, if the husband does not pay his wife's alimony or the payment is incomplete, the woman can apply to the court and seek her rights. If the husband summoned to court does not appear, the woman's claim for alimony ends by hearing the husband in absentia.
