Toplumsal Cinsiyet Bağlamında Osmanlı Hukukunda Kadından Eşkıya Olup Olamayacağına Dair Bir Tartışma: Havva Hatun Örneği
A Discussion About Whether Women Can Be Bandit in the Ottoman Law on Gender Context: Havva Hatun Sample

Summary/Abstract: As the women are captured within the private area through the socially established rules of gender, they become a secondary, or even the victim. The feminist theory evaluates this phenomenon in the axis of the concept of gender. In modern times, the reflection of this phenomenon is observed. However, the gender, which is also referenced as a functional concept in historical studies, has the risk of losing sight of the nuances. The situation of Havva Hatun, who was engaged in banditry in Trebizond in 1632 as a member of “silent crowd”, and her six concubines forms an example. Havva Hatun and her concubines, who made the life difficult for the inhabitants of the neighborhood, assaulted them with axes and hatchets, tore down the walls of the house and stole thirty rolls of tent canvases, three swords and a basket, did not surrender the court’s call and escaped. Nothing further was heard from Havva Hatun, after she went to Sansar Hasan Beşe, who helped her. Havva Hatun exhibited an unexpected “public” appearance with today's perception. In terms of Islamic canon law, it is controversial whether her acts can be defined as banditry. In this paper, as we discuss the acts of Havva Hatun that we encounter in the Kadi court records of Trabzon and evaluate whether she could be considered as a bandit, we also make an effort to open a “window” to the world of the Ottoman women. If it was decided by the court that she was a bandit, her hands and feet should have been cut diagonally. However, she would get rid of the penalty if some scribes argued that women could not be regarded as bandits. In the documents, she was called “feşâr”, instead of “bandit”, which has a similar meaning, but softens the situation as a matter of semantics. This probably eased the verdict of Havva Hatun. Therefore, while the European women with similar acts were accused of witchcraft were murdered, Havva Hatun was only sentenced to the material compensation of the committed the crimes. Although this situation reflects the “patriarchal” aspect of the Ottoman law and practice, it also implies that it does not victimize the women through the socially established rules of gender.

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