Master'sOpen Access

The effect of human dignity on provisions in Islamic family law

2025
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Advisor: Doç. Dr. İsa Atcı

Abstract (EN)

The family is considered the cornerstone of societal order in Islam. Principles of love, mercy, and justice between spouses play a critical role in preserving the dignity of individuals. Similarly, safeguarding children's rights and addressing their education and upbringing in detail demonstrate the value Islam places on human dignity. Islamic law regards human dignity as a sacred value granted at creation and protects it through legal regulations. Under the guidance of the Qur'an and Sunnah, aspects such as respect for individual autonomy, a balance of rights and responsibilities between spouses, and financial provisions like dowry and maintenance aim to safeguard human dignity. Notably, the requirement of mutual consent in marriage highlights respect for individuals' rights, while divorce-related regulations ensure the material and moral protection of both parties. In conclusion, Islamic family law prioritizes the principle of preserving human dignity, establishing a solid foundation for family unity while ensuring fairness and compassion in protecting individual rights. The emphasis on human dignity reflects how Islamic law shapes social order and individual rights in a balanced and just manner. This study examines the extent to which human dignity is considered in Islamic family law. The primary aim of the research is to highlight how human dignity is reflected in the legal and ethical provisions within the framework of Islamic law. The study explores the concept of human dignity in the Islamic perspective, focusing on its role from pre-marriage arrangements to the marriage contract, marital life, and post-divorce phases. The study combines classical Islamic legal sources and contemporary research to evaluate how Islamic family law aligns with human rights principles.

Author

Dr. Gamze Tanrıver

How to Cite

Gamze Tanrıver (Master Thesis). The effect of human dignity on provisions in Islamic family law, 2025, Aksaray University.

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