APPLICATION OF MAINTENANCE DURING THE WAITING PERIOD ('IDDA'): A PERSPECTIVE FROM OTTOMAN AND TURKISH CIVIL LAW

Abstract

This study examines the Islamic perspective on alimony or maintenance during 'idda, which is the waiting time a divorced woman must observe before remarrying. The study will also evaluate Ottoman law's application to a divorced woman's maintenance during the waiting time by analysing court records from its six-century history. Finally, the study will explain how poverty alimony practices are handled in Turkish law. This study used a mixed-methods research design involving qualitative and quantitative data collection and analysis techniques. The study will begin with a literature review of Islamic, Ottoman, and Turkish law to establish a theoretical framework for the research. The literature review will also provide an overview of the existing scholarship on the topic, identify gaps in the literature, and inform the research questions. The study used a purposive sampling technique to select court records from the Ottoman era relevant to the research questions. The chosen court records will be analysed using content analysis to identify the legal principles that guided the court's decision-making on alimony or maintenance during the 'idda. The study aims to comprehensively analyse the Islamic perspective on alimony or maintenance during the `idda period and evaluate the Ottoman law's application to a divorced woman's maintenance during the waiting time. The study also explains how poverty alimony practices are handled in Turkish law. The study's findings will contribute to the existing literature on Islamic law, Ottoman law, and Turkish law and provide insights for policymakers, legal experts, and women who have gone through the divorce process in Turkey.