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Introduction
The topic of womens rights prior to the 20th century has been a very concerning one, requiring a significant amount of nuance and context. Certainly, a part of that topic is misrepresented by specific stereotypes. The Ottoman Empire has been perceived by many as a very constricting location, however, as further research has proven, local women had more rights than the ones living in Christian countries.
Discussion
However, there are some factors that further complicate this discussion. First, most of history is recorded through a biased lens. Second, the Ottoman Empire still had some womens rights violations, which were dictated by the patriarchal norms of that location (Tu , 2011). Thus, women could still be discriminated against and men were prioritized. The most common reasons for divorce were: non-consensual marriage as a minor and an absent husband.
The first reason is illustrated by a pubescent girls court case, who was married off without her consent prior to reaching adulthood. During that time, it was measured by a girl having her first period (Tu , 2011). Thus, being a minor married against consent gave her the right for marriage autonomy. Since her periods started during the trial, this gave legal ground for the annulment of the marriage.
The second reason is represented by the case of Meryem bint Abdurrahman. The woman had reported that her husband has deserted her 7 years ago, but her neighbors were preventing her remarriage (Tu , 2011). The deserted wife has stated that when she attempted to do so, she was assaulted by her neighbors. Her case was accepted, for her waiting period was over, according to one of the fetvas.
Regarding the second condition, there were some possible risks and complications. The woman would have been required to prove her husbands absence; otherwise her attempts to remarry would have been seen as adultery (Tu , 2011). There was also a risk of the former husband opposing the ex-wifes remarriage due to the lack of the registration of an official womens divorce. Being seen as unfaithful could also damage the womans reputation in society.
Both peasant women and royalty had a significant degree of autonomy. However, it is important to mention that the women of high society had greater influence on society. The time period after the death of Suleiman the Great may have been economically grim; however, it allowed the harem to become more valuable (Peirce, 1992). Present day historians suggest looking at this period through a lens that combats past prejudices.
To understand the nature of harems and their influence, one must review common misconceptions. First, not everyone in the harem had sexual relations with the sultan and not all harems were female-dominated spaces. Second, the segregation of the sexes did not deprive them of the opportunity to be influential (Peirce, 1992). Surprisingly, those conditions helped them develop a specific hierarchy, with the power structure depending on the size of the harem.
High-ranking women in harems could not only control all the others, but also some younger men in the royal family. The sultans mother, who was also the head of the harem, would be a very valuable figure (Peirce, 1992). While a respectable position granted women with certain rights, it is unknown how they could use it. This structure proves that the higher a groups rank is, the less meaningful ones gender is. However, poor people were less fortunate in this situation.
Conclusion
In conclusion, the Ottoman Empire, as opposed to the other locations, had a more liberated society. Women had the right to file for a divorce and even have influence on society (if they were royalty). However, this does not mean that patriarchal norms did not set their limitations. First, women were undervalued in court cases as witnesses and property owners. Second, they could file for a divorce if their spouse deserted them or they were married off as minors without consent. Third, they required proof; otherwise their reputation could be damaged. Fourth, the influence of regal women only started peaking after Suleiman the Greats passing. This, in turn, clarifies the complicated nature of womens rights in that area.
References
Peirce, L. P. (1992). Beyond harem walls: Ottoman royal women and the exercise of power. Helly, D. O. & Reverby, S. M, Gendered domains. Rethinking public and private in womens history. Cornell University Press.
Tu , B. (2011) Ottoman women as legal and marital subjects. Unknown book. (pp 362-374). Imprint Routledge.
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