Ibn Qayyim El-Cevziyye's opinions in the context of İslamic family law
2019
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Danışman: Prof. Dr. Nasi Aslan
Özet (EN)
In this study, the views of Ibn Qayyim (d. 751/1350) in the field of Islamic family law are presented. In the first part of the study, which consists of three main topics, concise information about his life and his scientific personality is given. In the second part, their views are evaluated in a comparative manner with other scholars. In this context, engagement, marriage, the conditions of marriage contract and the fiqh results of them are explained. From the point of view of marriage, Ibn Qayyim adopted a facilitative approach of the realization of the marriage contract. The fact that he says that the weddings in other languages are valid in addition to the Arabic concepts of marriage contract and marriage (tezvîc) used for offer and acceptance are a clear indication of this approach. In the third part, divorce and its related issues are examined. In this context, it has been found that he narrows the framework considerably and reduces the reasons that cause divorce (talaq) to be valid. It is a reflection of this understanding of him that he stated that "bid'î talaq" -which is a divorcement method- would be invalid but a talaq with its three repetitions would be valid as a divorce, and that he did not consider the talaq of a person who is drunk and under difficult because he has no intention of divorce. Although Ibn Qayyim opposed Ahmed b. Hanbel (d. 241/855) and Ibn Teymiyye (d. 728/1328), he mostly acted along the lines of them. His successful proposals for solutions to the problems of society have been effective in the acceptance of his fatwas. In this, the deep scientific, dialectical and objective method and the application of ijtihad effectively play an important role. Thus, his reputation, which became widespread during his life, gradually increased. Finally, their views have been a reference for recent and contemporary scholars. Keywords: Fiqh, Ibn Qayyim, Ibn Teymiyye, family law, marriage, divorce.
Yazar
Fatih Çinar
Bu Yayına Nasıl Atıf Yapılır
Fatih Çinar (Doctorate thesis). Ibn Qayyim El-Cevziyye's opinions in the context of İslamic family law, 2019, Çukurova University.
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