Master'sOpen Access

A comparison of the legal consequences of termination in the marriage contract within the context of civil law and Islamic law

2023
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Advisor: Dr. Öğr. Üyesi Adnan Akalın

Abstract (EN)

The main purpose of the religion of Islam is to maintain the rights and justice and to ensure the social order. In this context, he attached great importance to marriage while establishing family life. Because marriage has many worldly and otherworldly benefits both for the individual and the society. The most important of these is to meet some natural desires in a halal circle and to ensure the continuation of the generation in an orderly manner. However, in some cases, it may become necessary to terminate the marriage as the parties may lose their feelings of mercy, compassion and affection. For this reason, radical regulations have been introduced in Islamic law regarding the termination of marriage, as well as marriage. In this study, the reasons for the termination of the marriage contract according to Islamic law and civil law were examined in a comparative way. The aspect of the subject regarding Islamic law has been discussed within the framework of the views of four sects. As a matter of fact, Islamic jurists disagreed on some issues related to the annulment of the marriage contract, depending on the different interpretations of the verses. The aspect of the subject that looks at the civil law is handled through the concepts of absence and nullity of marriage. Because, in the articles of the civil law regarding the termination of marriage, the concepts of absence and nullity are replaced by the concept of annulment.

Author

Mehmet Mehdi Göktekin

How to Cite

Mehmet Mehdi Göktekin (Master Thesis). A comparison of the legal consequences of termination in the marriage contract within the context of civil law and Islamic law, 2023, Gaziantep Islam Science and Technology University.

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