Master'sOpen Access

Validity of divorces in human law, according to Islamic one

2017
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Advisor: Prof. Dr. Nurettin Turgay

Abstract (EN)

In this day and age in countries where Islamic law (Sharia) is not implemented a divorce granted by a judge in an official non-Islamic court on the request of a women can sometimes pose problems for the Muslims. In this study we try to determine the legitimacy of the judge's verdict in terms of Islamic divorce law after he nullifies her marriage without her husband's consent. In the absence of a kadi (Muslim judge), the issues of doing by arbitral awards of arbitrators and the methods offered by Muslim jurists (fuqaha) and cases that are permissible to apply to a non-Muslim court because of compulsion (dharoorath) have been studied. In the event there isn't a kadi, referring to the arbitrators has been stated as a way of solution.Some researchers propose to give unlimited ways of solution and this issue has been discussed thoroughly with proofs. As another method for resolving aforementioned problems, in the absence of kadi, we have determined that parties should resort to Islamic religious authorities as a substitute for kadi. On the other side of the issue there's the necessity of acting in the dimension of ijtihad (independent reasoning of a jurist). Because of some reasons such as compulsion (dharoorath) we have come to the conclusion that one can do by the view of the ones who think the divorces issued by Islamic Courts (Sharia Courts) are also legitimate. On the other hand, the evidence of each view has been presented and all opinions that are on favor and against have been evaluated. We are in the opinion of this view: "in the absence of Islamic Courts, Islamic religious authorities should be resorted to." And the reasons for this have been given with the classical and modern era fetwas of jurists. Another question about the type and number of talaq (divorce in Islamic Law) rises related to those who are of the opinion that divorces issued by the non-Islamic courts or Islamic religious authorities in the absence of kadi are valid. Finally, this issue has been studied and sorted out.

Author

Ömer Tuncay

How to Cite

Ömer Tuncay (Master Thesis). Validity of divorces in human law, according to Islamic one, 2017, Dicle University.

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