Provisions concerning talaq in Jafari fiqh and its comparison with Hanafi fiqh

In the history of Islam, there are many sects that have distinguished themselves both in terms of creed and jurisprudence. These sects have created the Sunni and Shiite distinction for various reasons, and this distinction has become clear and remarkable over time. The Jafari sect, which is the subject of the research, is considered one of the Shiite sects, and it has an important place in terms of jurisprudence as well as its theological views. In this study, the issue of talâk, or divorce, which has an important place in Islamic family law, is discussed by comparing the Jafari and Hanafi sectarian fiqhs. The simîlâr and different ideas of the two sects on this subject have been compared and researched. The simîlâr and different ideas of the two sects on this subject have been compared and researched. While comparing, two basic works belonging to the sects were selected and mostly these works were used. The content of this research has been arranged by taking into account the mentions of muhâlea, zîhar, îlâ, liân, idda, hidâne and âlimony in the talâk sections of the works. It is not limited to talaq, which means only the divorce of the man, but also includes other types of divorce and the right to divorce that the woman has, namely tefviz-i talaq. In the first part of the study, general information about the history of the Jafari and Hanafi sects is given, and in the second part, talâk, muhâlea, zihar, îlâ and liân, which are the forms of ending marriage, are examined. In the third and last chapter, the issues of idda, hidâne and âlimony, which are the result of the dissolution of the marriage, are compared. The findings show that the two sects have simîlârities, but their differences also diverge in deed and de facto in important cases.