New provisions bringed by Civil Status Law related to divorce (Comparative to traditional fiqh thought)

Some provisions regarding talaq in the civil status laws of the modern period differ from those of classical fiqh. In this context, some provisions given in the past were abandoned and different views were preferred and new regulations were made on talaq. It is necessary to know the reasons for this change and whether it is possible to regulate. In the first part of our study, which differs from the classical studies; Four topics such as whether a woman is involved in iddah, conditional talaq, talaq oath and talaq witnessing have been selected and it has been revealed how these issues were handled in the past and in the civil status law of personal life. In the second part, the traditional fiqh thought on talaq and the modern fiqh thought, especially the laws of civil status, were compared. It can be said that the scope of talaq is broad in classical fiqh, talaq is brought to the fore as a divorce method, and many of the judgments given are judicial opinions. It is seen that in civil status laws, preferences are made from different views, and a limitation and regulation is tried to be brought to the scope of talaq. It is possible to choose the opinion with strong evidence, to choose a different opinion from among the views, to restrict some rights, and to make new arrangements according to the situation, taking into account the issues that are suitable to ijtihad or not. This situation may become necessity depending on the need and time. Civil status laws emerged for these reasons. In this context, in civil status law, there are some provisions of law such as the fact that the talaq is not possible in period of menstruation, that the talaq that is tied to oath and condition is not valid, that witnesses are required during talaq, which we find more accurate in terms of evidence.