Reassessing Women’s Economic Agency Through the Lens of the Shariʿa Court Records: The Case of Eighteenth-Century Ottoman Tripoli

Overview

This paper reassesses the economic agency of women in eighteenth-century Ottoman Tripoli by examining shariʿa court records. It challenges earlier historiographic constructions of women as uniformly oppressed and economically passive, demonstrating that women engaged extensively with the formal legal system to secure economic interests and accumulate capital through diverse mechanisms and investment strategies.

Methods and approach

The study employs qualitative analysis of shariʿa court records from late eighteenth-century Tripoli as primary sources. Court documentation is examined to identify patterns in women's legal activities, asset acquisition, contractual engagement, and financial transactions. The court records serve both as evidence of women's economic transactions and as records of women's mobilization of notarial functions for wealth management and property registration.

Key Findings

Court records reveal that women utilized shariʿa courts for purposes extending beyond dispute resolution to include notarial registration of property ownership, lease agreements, and commercial contracts. Women acquired and controlled assets through purchase, inheritance, and dowry mechanisms, deploying these resources to generate income through rental agreements and capital investment. Investment activities encompassed multiple sectors including agriculture, urban real estate, silk production, and moneylending. The mechanism of takhāruj, a share-trading arrangement, was employed by women to increase financial autonomy and control over investment portfolios.

Implications

The findings indicate that earlier historiographic representations of women as economically passive or secluded constitute Orientalist constructions rather than accurate historical characterizations. Women in eighteenth-century Ottoman Tripoli operated as active economic agents within legal frameworks, managing capital accumulation and investment strategies. The shariʿa court functioned not merely as a dispute resolution institution but as an economic infrastructure enabling women's participation in formal financial transactions and wealth management.