Financial consequences of divorce in Islamic family law

The marriage contract is known as "mîsâqan galîza," and the abolition of this contract is one of the most significant issues in the Islamic family law system. These issues may be paid more attention to than other issues. Many nass i.e chapters in Islamic law reveal necessary information and methods regarding marriage contracts and financial responsibilities for couples but also cover many vital regulations related to the issue of divorcing and couples' responsibilities to each other after they divorce. There are several important rights that the Islamic law system offers women who divorce such as the right of the alimony and the indemnity, the residence right of divorced woman, the right of mahr if promised, the descender right that was resulted by fatal diseases, and the mut'â right. As much as the issue of alimony and indemnity are fundamental concepts in the Islamic law system, they are also recognized most sophisticated issues in many of the law systems in our present. It is seen that the Islamic law system can sort out the certain controversial issues that contemporary law systems still face such as the duration of alimony payments, the content of these payments, and the position of payers. Fortunately, Islamic Law system offers solutions to these problems. Even if alimony and indemnity right that are required after any divorcing actions are neglected to be underlined in classical fıqh texts, both fundamental rules of the law system and the maqâsid method show that alimony and indemnity issues are not new phenomena in the Islamic law system. In short, all these rights should be regarded as a guarantee set by the Islamic law system for recouping the couple's ethical and financial loss who are innocent couples because of the fact that the right of the alimony and indemnity offers divorced women some financial supports and right of the residence of divorced woman meets women's accommodation. Lastly as mentioned above some other rights such as mut'â and mahr issues give women significant opportunity to meet their basic needs and to make their life easier after divorce. In this thesis, all these issues and concepts were deeply examined in the light of genuine references. Keywords: Islamic Law, Alimony, Indemnity, Right of Residence, Mut'a