El-kusûdü gayru'l-meşrûa ve eseruha fî akdi'n-nikah
2018
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Advisor: Dr. Öğr. Üyesi Behlul Düzenli
Abstract (EN)
This research shows the identity of the unlawful intentions of the contractors, especially in relation to marriage, taking into consideration the fact that intention for marriage is like soul for the body. Dealing with near-synonyms like intention, purpose, and aim necessitate the distinction between these terms especially with the overlapping relation between them. It requires high level of focus and accuracy to distinguish between them especially when overlap. Before starting with the topic we have to clarify the meaning of these terms and highlight the similarities, differences, and whether some of them is included in the other. In the first chapter, I explained the concept of 'intentions of contractors' in general then especially in relation to marriage. Then I stated that intentions of contractors are divided into two categories; lawful and unlawful, direct and in direct. This division is a result of the accurate distinction between 'intention' and 'purpose'. I considered the division I have established as the scientific base in clarifying the meaning of direct unlawful intentions and indirect unlawful intentions, and their consequences on the validity of the contract mentioning practical applications of these divisions. This dividing (direct and indirect intentions) led me to discuss the issue of multi-intentions so it was the title of the second chapter of this research. It is when direct and indirect unlawful intentions take place together. So I clarified the term of multi-intentions and explained its effects on marriage depending on the bases I've previously established. In fact, this research is considered as one unit; to understand later chapter, you need to understand the previous one/s, since each one smoothly leads you to the next. In the last chapter of the research, I mentioned some practical jurisprudences and applications of the unlawful intentions showing the relationship between these applications and the unlawful intentions trying to prevail some of the opinions of scholars over others depending on the bases and divisions I established in this research. Then I mentioned some results and recommendations I came out with from this research. Key word: intention _ purpose _ will _ marriage
Author
Dr. Maher Alalı
How to Cite
Maher Alalı (Master Thesis). El-kusûdü gayru'l-meşrûa ve eseruha fî akdi'n-nikah, 2018, Yalova University.
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