Curatorship Institution in The Ottoman Empire: The Law, Administrative and Social Implementation of The Curatorship Institution According to 18th-Century Court Records

Abstract

It is called tutelage for the appointment of other persons to protect, operate and save the property of persons who can not use their rights or incapable of using them in Islamic law and Ottoman law. The Ottoman Empire attaches importance to the concept of tutelage with both Islamic law and tradition-based reasons and implements it by appointing a guardian and a curator in his own law. In particular, the Ottoman Empire attaches great importance to taking the necessary measures to manage the house and its children after the death of the parents, the frequently operated the guardianship institution and provided protection for the value of the goods in situations such as loss and inadequate sanity by appointing a curator. This study is trying to explain the law, administrative and social application of the institution of curatorship in the Ottoman Empire through the examples of documents in Diyarbekir court records.