1917 Tarihli Osmanlı Hukūk-ı Âile Kararnâmesi’ne Yöneltilen Eleştiriler

The Islamic rules relating to the family were legislated as modern laws for the first time in Islamic history by issuing The Ottoman Family Law Decree in 1917. However, the decree was criticized in many ways by both Muslim scholars and intellectuals and non-Muslims. This study examines the criticisms directed by the Muslim scholars and intellectuals in the late Ottoman era and afterwards. It also includes the criticisms directed by the non-Muslims in general, but not inparticular. The criticisms were classified into the following sub-headings: criticisms against the preparation and issuing process, its violation of the Shariʻa, its preparation without considering the interests of the community, giving inappropriate powers to the courts, and the shortcomings of the rules and their contents. It is possible to say that many issues subjected to criticism are still disputed today.