The disputes related to marriage alimony in Islamic law and their resolution

Islam attaches great importance to the family as it forms the basis of society. In Islam, the protection and continuation of the generation is only possible through a proper marriage contract. Marriage imposes certain rights and responsibilities on both the husband and the wife. Alimony is one of them. As a result of the marriage, the husband becomes a debtor of alimony, while the wife becomes a creditor of alimony. In this context, the husband is obliged to meet the basic needs of the wife such as food, drink, housing and cleaning. According to Islamic law, certain conditions must be met for alimony obligation. If these conditions are not fulfilled, the woman loses her right to maintenance. The most important reason for a woman to lose her right to alimony is considered by jurists to be nushūz. There are differences of jurisprudence among the jurists as to which acts are within the scope of nushūz. There may be some disagreements between the spouses about alimony, which is the most important obligation that the man must fulfill while the marriage union continues. The subject of this thesis is what these disputes are and the solutions suggested by the jurists in case of disagreement. This study excludes the maintenance paid to the wife after divorce and the kinship maintenance that is legitimized based on blood ties. The aim of this thesis is to identify and analyze the solutions proposed by Islamic jurists regarding the disputes between spouses regarding spousal maintenance. Document analysis method was used for this purpose. In this context, twenty-two issues that are in dispute between spouses regarding spousal maintenance were identified and analyzed by scanning classical fiqh works and modern sources. As a result, it was observed that the jurists recommended that such disputes be resolved primarily between husband and wife due to the otherworldly dimension of Islamic law. In cases where a solution between spouses is impossible, it is ruled that the problem will be resolved through the court. With these provisions, it is seen that the rights of husband and wife are tried to be protected mutually. In this context, it has been determined that the marriage and talaq sections of classical fiqh works are also a source of data on the procedure of judgment.