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Zarar ile ilgili fıkhî kaideler ve bunların savaş bölgelerindeki evlilik ve ayrılık hükümlerine etkisi: Uygulamalı bir inceleme - Suriye örneği

2025
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Advisor: Dr. Öğr. Üyesi Osman Saitoğlu

Abstract (EN)

The major general jurisprudential rules derived from the texts of the Qur'an and Sunnah are considered a reference for attaching the rulings of sub-issues to them, including the rules related to harm. The researcher addressed in his study those rules and their impact on family rulings in countries of wars, especially in the Syrian case. The research focuses on these rulings because the family is the cornerstone of society and it is the most important component of it. This research is divided into an introduction and three chapters. The introduction includes research problems, research objectives, the importance of the topic, reasons for choosing the topic, research limitations, research methodology, and previous studies. The first chapter contains definitions of the title and related terms and includes sections on: the definition of a jurisprudential rule and jurisprudential principles, and the difference between them; the definition of a fundamentalist principle and the difference between it and a jurisprudential rule; and the types of harm and their Islamic recognized criteria. The second chapter deals with the rule "Harm must be removed" and the rules derived from and related to it. This chapter includes sections on the rule "Harm must be removed", rulings related to it, and the most prominent rules related to considering objectives and harm. The third chapter focuses on applied applications and contains eleven sections, including: the harm of overpopulation in camps; the harm of marriage in camps; the harm of polygamy as a general practice; the harm of child marriage; the harm of make-believe adoption; and the harm of abortion resulting from rape by regime soldiers. The research then mentioned its most important findings, including: temporary birth control in Syrian camps due to the lack of suitable conditions for proper upbringing; marriage in Syrian camps is subject to the five rulings of Islamic law, and harm does not affect the original ruling on marriage; marrying another woman is obligatory to prevent general harm when polygamy is possible in the camps; polygamy is forbidden if a man strongly believes he will neglect his first wife, as harm cannot be removed by another harm; and it is not permissible to marry a minor girl in Syrian camps before she reaches maturity. Keywords: Jurisprudence (Fiqh), Jurisprudence Principles, Jurisprudential Rules, Harm, Religious Laws.

Author

Dr. Abdullah Ghanoom

Institution

How to Cite

Abdullah Ghanoom (Doctorate thesis). Zarar ile ilgili fıkhî kaideler ve bunların savaş bölgelerindeki evlilik ve ayrılık hükümlerine etkisi: Uygulamalı bir inceleme - Suriye örneği, 2025, Yalova University.

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