Master'sOpen Access

Proposed methods in Islamic law for the solution of problems in marriage

2019
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Advisor: Dr. Öğr. Üyesi Hilal Özay

Abstract (EN)

Family is the foundation of society. Islam is based on love, respect, tolerance and justice. However, sometimes problems occur between spouses and incompatibility occurs. In this case, some suggestions are made, measures are taken and remedies are offered to the parties in Islamic law to ensure that the family continues in a healthy, happy and peaceful way. In order to avoid problems in marriage, blood, milk and sanctuary kinship in spouses before the marriage contract, religious divorce, divorce by three talents, being married, marrying with two relatives, absence of permanent and temporary marriage barriers such as being in violence and religious sensitivity, economic conditions, family and they are equivalent in terms of lineage, education level, age, disability. The precautionary measure taken during the marriage contract is to demand that the contractual rights of the marriage contract be made fully intact so that all contractual consequences are fulfilled by ensuring that the conditions of the inikik (establishment), health, nefaz and necessity are fully fulfilled. Immediately after the marriage contract as measures to be taken in spouses of mutual rights and responsibilities of spouses is fulfilled as required. In spite of all these measures, when the problem arises, first of all, it is desired to seek solutions in the family. As these solutions; patience, peace, advice, separation of beds, coup, arbitration, muhâla'a, î lâ ', armor, and follow the order in the form of talak is recommended to follow. It is also stated that if the problem cannot be solved after the process which has been spreading to this time, it can be applied to find a solution through the judiciary.

Author

Dr. Fatma Çakar

How to Cite

Fatma Çakar (Master Thesis). Proposed methods in Islamic law for the solution of problems in marriage, 2019, Tokat Gaziosmanpaşa Üniversity.

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