Restrictions on Private Property Due to Neighborhood Law: The Visibility of Women’s Domestic Private Spaces (Maqarr al-niswān) from the Outside

Authors : Kamil YELEK

Pages : 565-580

Doi:10.26650/iuitd.2023.1292844

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Publication Date : 2023-09-28

Article Type : Research Paper

Abstract :Some limitations may be imposed on property rights in Islamic law. One of the limitations on the disposition of private property relates to spaces where women move freely in the house without wearing the scarf insert ignore into journalissuearticles values(hijāb);, which can be seen from the outside. This issue, which was brought up in classical sources of Islamic law as well as in Ottoman fatwā collections, draws attention as an important complaint in the sharʿiyyah records. However, despite its significance, there is a noticeable scarcity of independent studies on the subject. To address this gap, this article aims to examine the visibility of women’s domestic private spaces insert ignore into journalissuearticles values(maqarr al-niswān); from the outside in the context of restrictions on private property. The study delves into the powers of disposition of people’s private property and examines the corresponding changes in the legal system. It aims to determine whether dispositions that violate privacy can be restricted by law while also analyzing how this matter is portrayed in the fatwā collections and how it was implemented in Ottoman practice based on the sharʿiyyah records. The findings obtained contribute to a better understanding of the limitations on private property in Islamic law and offer insights into the historical context and application of such restrictions.
Keywords : İslâm Hukuku, Komşuluk Hukuku, Özel Mülkiyet, Sınırlama, Makarr ı nisvân