Equivalence between the partners according to Islamic Law

Equivalence concept is an important topic in the scope of Islamic Family Law, to be taken into consideration before marriage. Islamic Law, while laying the principles of family life, attracted attention to the importance of harmony between the partners to provide steadiness. Harmony between the people who are going to get married is proved with equivalence on the following subjects: race, devotion, Muslim father and grandfather, occupation, property and wealth, freedom, no physical defects, etc.. Islamic jurists think that these features will play positive roles on achieivng the expected results of marriage. Since there has been no academic search on this selected topic so far, it brought some difficulties to evaluate the subject in harmony and methodology. Prior to this study, information is given about marriage and equivalence underlining its position and importance in Islamic Law. In this part, under a subtitle, equivalence subject in the heavenly religions and ignorance days is discussed. In the third chapter, the legal base of the equivalence, the fundamental of the study, supporting and opposing thoughts of Islamic jurists about equivalence with their proofs and the conditions of equivalence is explained. Also, the necessity that equivalence should be searched in man not in woman is underlined, the components of the equivalence in Islamic Law are considered. In the fourth chapter, issues such as the time when equivalence is an obligation, the people who has the right to ask for equivalence and the rights resulting from not having equivalence are the key articles. In the fifth chapter, the position of equivalence in the Ottoman Family Law Decree, in XX. Century Islamic Family Law Codes, and in Civil Law is discussed together with today's selection of partners. Finally, it is claimed that if there exists an obvious non-equivalence against woman between man and woman, both sides wil suffer and there is a very little chance for this marriage to survive, there has to be equivalence between partners to avoid disagreements instead of preventing thern after they occur. Also, it is emphasized that there should be equivalence to provide steadiness in marriage for achieving its aim, partners living in peace and happines. Key words: Islamic Family Law, Marriage, Equivalence in Marriage, Conditions of Equivalence: Race, devotion, Muslim father and grandfather, occupation, property and wealth, freedom, no physical defects. Vll