Hi! I wanted to ask you - did ottoman women from the lower classes have more freedoms not only socially but also with marriages? Did this change over time/in regions of the empire and why if it did? thank you :)
Sorry for the long wait, yesterday was such a hectic day.
In theory, the Ottoman woman was not a passive subject at all. Contrary to popular - and Orientalist - belief, both elite and non-elite Ottoman women bought and sold property, owned and transferred wealth through inheritance, dower and charitable endowments, and invested in and managed shops, workshops, agricultural land and commerce. Court registers in Anatolia are full of court cases in which women were actively involved as litigants and witnesses in property matters, inheritance, divorce and marriage.
They also had specific rights concerning their marriage: they could refuse a marriage arranged without their consent, they could - potentially - chose their husband and they could negotiate their marital rights in court: the amount of their dower or of marital support (which husbands were legally bound to give), the conditions under which the marriage would be declared invalid (some inserted clauses that said that if the man took another wife, they were automatically freed from the marriage).
They could also seek an annulment, or a divorce with the consent of her husband. This type of divorce is called a “woman’s divorce” and basically the woman would forfeit all or a portion of her dowry, of the maintenance stipend that a husband had to pay after the termination of a marriage, and sometimes of childcare money for proof of her freedom from the marriage. After that, she could remarry.
The Ottoman woman could also inherit properties though in reality she could only inherit half the share given to a male relative. Distant male relatives could also inherit shares of properties which should have gone to closer female relatives. Ottoman society wasn’t perfect, it was full of gender bias, and it was clearly a patriarchal society so women witnesses were not considered equal to men, unfortunately.
All of this was possible not only to muslim women but also to christians or jewish. Anyone that lived in the Ottoman Empire could go to a shari’a court. Court registers of the Ankara court are full of non-muslim women asking for permission to remarry because their husbands had been disappeared for years/believed dead. A notarised piece of paper declaring the termination of their marriage was very useful to them because with it nobody could challenge their second marriages.