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Law and Gender in the Ottoman Court of Aintab

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Law and Gender in the Ottoman Court of Aintab Morality Tales The publisher gratefully acknowledges the generous contribution to this book provided by the Institute of Turkish Studies, Washington, D.C., and by the General Endowment Fund of the University of California Press Associates. Morality Tales Law and Gender in the Ottoman Court of Aintab Leslie Peirce UNIVERSITY OF CALIFORNIA PRESS Berkeley Los Angeles London University of California Press Berkeley and Los Angeles, California University of California Press, Ltd. London, England © 2003 by The Regents of the University of California Library of Congress Cataloging-in-Publication Data Peirce, Leslie Morality tales : law and gender in the Ottoman court of Aintab / Leslie Peirce. p. cm. Includes bibliographical references and index. isbn 0-520-22890-1 (Cloth) — isbn 0-520-22892-8 (Paper) 1. Women—Legal status, laws, etc. (Islamic law)—Turkey— History. 2. Sex and law—History. I. Title. kkx 517.5.p45 2003 346.56101Ј34—dc21 2002152228 Manufactured in the United States of America 11 10 09 08 07 06 05 04 03 10987654 321 The paper used in this publication is both acid-free and totally chlorine-free (TCF). It meets the minimum requirements of ansi/niso z39.48–1992 (r 1997) ᭺ϱ To my parents and to my son, Kerim contents list of illustrations / ix acknowledgments / xi note on translation and transliteration / xv Introduction / 1 part i. the setting: aintab and its court 1. Locating Aintab in Space and Time / 19 2. The People of Aintab and Their World / 50 3. Introducing the Court of Aintab / 86 part ii. gender and the terrain of local justice I˙ne’s Story: A Child Marriage in Trouble / 129 4. Gender, Class, and Social Hierarchy / 143 5. Morality and Self-Representation at Court / 176 6. Women, Property, and the Court / 209 part iii. law, community, and the state Haciye Sabah’s Story: A Teacher on Trial / 251 7. Negotiating Legitimacy through the Law / 276 8. Punishment, Violence, and the Court / 311 part iv. making justice at the court of aintab Fatma’s Story: The Dilemma of a Pregnant Peasant Girl / 351 8. Conclusion / 375 notes / 391 index / 453 illustrations MAPS 1. The Ottoman empire in the reign of Süleyman I / xvii 2. The greater Aintab region / xviii 3. Aintab province, mid–sixteenth century / xix 4. Aintab city and its neighborhoods, 1536 –1543 / xx FIGURES Figures follow page 248. 1. The battlefield of Marj Dabik 2. The citadel of Aintab 3. The citadel of Aleppo 4. Crossing the Euphrates at Birecik, 1955 5. First page of the Aintab court register, dated 29 Muharrem 948/May 25, 1541 6. A woman seeks an appeal 7. How Turkish women go about at home 8. The city of Erzurum 9. Closing a wine bar 10. Caught in a rendezvous ix acknowledgments There are many people to thank, since this book has been a long time in the making and has thus accumulated many debts. I am grateful to the staffs of the National Library in Ankara and the Ottoman Prime Ministry Archives in Istanbul, who facilitated my work in their collections. I am especially in- debted to Dursun Kaya, director of the Rare Books and Manuscripts divi- sion of the National Library, who together with his staff assisted me in nu- merous ways as I read the court records of Gaziantep. Without the financial support of the Social Sciences Research Council, the Council for Interna- tional Exchange of Scholars (Fulbright grant), and the Committee on Re- search at the University of California at Berkeley, this book would not exist. My greatest thanks must go to the people of Gaziantep, to whom I am profoundly grateful for their hospitality, friendship, and help with my work. My first visit to Gaziantep, where I was a Peace Corps volunteer in the 1960s, gave me lifelong friends: the Arı family and Sabiha and Vehbi Dinçerler; these friends have generously allowed themselves to be enlisted in my re- search. Returning to Gaziantep in 1999, I made many new acquaintances who provided insights and information that caused me to recast parts of what I thought was a finished manuscript. I thank Ays¸e Nur Arun for many things—for taking me to Rumkale, for giving me books, for providing me with introductions, and more. Akten Köylüogˇlu has been my guide through the city itself and through several court records whose contents were ob- scure to me; her wide learning and her passion for Gaziantep’s history make her a local treasure. I thank Rıfat Ergeç, former director of the Gaziantep Museum and now professor at Gaziantep University, for helping me imag- ine the spatial past of Aintab (the pre-twentieth-century name of the city). Ömer Karaman, the mayor of the municipality of S¸ahinbey, immediately grasped some of the critical questions in my work and helped me use the xi xii acknowledgments present as a window on the past. Nusret Çam, of Ankara University’s Divin- ity Faculty, generously shared his knowledge of sixteenth-century Aintab and also helped me understand the social topography of the eastern parts of Gaziantep province. For acquainting me with his valuable work on Maras¸, I am grateful to I˙smail Altınöz. Ali Cenani of Istanbul kindly provided in- formation about the early history of his family (the Demirci family, who figure prominently in the book). Dr. Barclay Shepard took me to wonder- ful monuments and also provided the hospitality of the Gaziantep Ameri- can Hospital. Halit Ziya Biçer and Özalp Dündar generously shared their collections of old photographs. The Gaziantep Tourism Bureau was excep- tionally helpful to me in providing information, suggesting people to meet, and guiding me around monuments; I especially thank Özgür Çinkay. I am very grateful for my year in the Women’s Studies in Religion Pro- gram at Harvard Divinity School, where my research material began to come together as a book. Constance Buchanan, then the program’s direc- tor, helped give shape to the book by suggesting that the court of Aintab needed to be treated as a moral arena. Frank Vogel of Harvard Law School gave me much to think about in terms of the relationship of jurisprudence to practice. Talal Eid patiently answered questions as I tried to figure out that relationship for the sixteenth-century Ottoman world. During that year, I was fortunate to meet the poet Ellen Voigt, who suggested that the best way to untangle all the information in my head was to tell a story. And so the writing of the book began with Fatma’s story, now its conclusion. I am deeply indebted to Lynne Withey, director of the University of Cali- fornia Press, who at numerous junctures helped me thinkthrough how to shape the book so as to convey what I thought was important. It is a privi- lege to work with an editor who grasped the essence of the project before its author fully did. I am grateful to Suzanne Knott, senior editor at the Press, for her careful supervision of the book through the production pro- cess, and to Alice Falk for her meticulous copyediting of the manuscript. To all the students on whom I tried out various court cases I give thanks for their ideas and for their occasional success in persuading me that my own readings were narrow. Likewise, I am grateful to the several audiences to whom various parts of this book were presented in lectures and talks for their insights and for saving me from error. I owe a large debt to the several friends and colleagues who read parts or all of the book or who answered my endless inquiries: I thank Iris Agmon, Peggy Anderson, Beth Baron, Ed- hem Eldem, Marian Feldman, Heather Ferguson, Fatma Müge Göçek, Dan- iel Goffman, Colin Imber, Nancy Özturk, S¸evket Pamuk, Ruud Peters, David Powers, Najwa Al-Qattan, Amy Singer, Judith Tucker, and Sara Wolper. I also benefited from the suggestions of the Press’s anonymous reviewers of my manuscript. If I failed to improve the book by neglecting some of their suggestions, the responsibility is mine alone. I am especially grateful to my acknowledgments xiii son Kerim for his thoughtful reading of several chapters and for his much- valued support throughout this project. Other kinds of help were critical. Amy Singer has been my longtime com- rade in the quest to understand Ottoman culture and a friend of this book in countless ways. Lucette Valensi provided advice and support at a critical moment in the project. For deciphering passages in the court records, I thank S¸inasi Tekin of Harvard University, and Margaret Larkin and Hamid Algar of my own university, the University of California at Berkeley. Hülya Canbakal lent me a hard-to-find text and, more important, shared her wis- dom about Gaziantep with me. Charlotte Jirousek helped me choose illus- trations, and Carel Bertram animated the city of Aintab in map 4. Fatma Müge Göçek inspired the title of the book. Natalie Balikciyan alerted me to the existence of an Armenian history of Gaziantep, while Stephan As- tourian generously translated parts of it for me and helped me with the Ar- menian names in the court records. I am indebted to the exhaustive work of Hüseyin Özdegˇer in the cadastral survey archives for Gaziantep, which aided my research enormously. To Sara Wolper, Marian Feldman, Linda Robinson, and Amy Singer, companions in exploring regions traversed by the book, I am grateful for the pleasure of shared enthusiasms and for all I learned with and from them during travels in Turkey and Syria. I often failed to ask the names of the many people along the way who aided and informed us, but their words are alive in my notes and in my memory.
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