Makâsidü'ş-Sharia in marriage contracts occured today
2022
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Advisor: Dr. Öğr. Üyesi Marwan Mohammed Abdullah Moghalles
Abstract (EN)
This study deals with Makâsıdü'ş-Şerîa and its effects in modern marriage contracts. The study consists of an introduction, two main parts and a conclusion part. In the first chapter, Makâsıdü'ş-Şerîa and its effect on modern marriages are explained. This main topic is discussed under the following two subheadings. a) The definition and parts of Makâsıdü'ş-Şerîa b) Legitimate marriage, its definition, its conditions and purposes. In the second part, practical examples about the types of modern marriages that the study deals with are given. In addition, the effect of Makasıdü'ş-Şeria on pros and cons has been discussed. This main title has been examined under seven sub-titles that deal with contemporary marriage types. a) Tourist marriage, b) Friendship marriage, c) Formal marriage to obtain financial privileges, d) Civil marriage, d) Misyar marriage, e) Ordinary marriage f) marriage without guardians in Islamic organizations of war countries. The language and term meanings of each of these marriage types are given, then the provisions and the opinions of scholars on the subject are given. Then, each topic was completed by considering the effect of Makasıdu'ş-Şeria on the pros and cons. Finally, the study was concluded with the conclusions and recommendations section. Among the most important results achieved, the basis of the determination of pros and cons is their legitimate aims. In Western countries, marriages without guardians in Islamic institutions and marriage of misyar are suitable for Makasidu's-Sharia. The rest are not suitable for Makasıdu'ş-Şeria, so there is no benefit in considering them permissible, and the benefit is realized when they are fully found. KEYWORDS: Makasıdü'ş-Şeria, Marriage, Modern Marriage Contract, Family law, personal situations.
Author
Dr. Ahmed Mahmood Hamdı
Institution
How to Cite
Ahmed Mahmood Hamdı (Master Thesis). Makâsidü'ş-Sharia in marriage contracts occured today, 2022, Kastamonu University.
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