The disposal (Al tasarruf) of the drunk in Islamic family law

The family, which is the smallest but most significant building block of society, is indispensable for both family members and society. Due to this importance, certain conditions to be met by the parties are sought for the establishment and termination of the family institution in Islamic law. One of the conditions to be met by the parties is Legal Capacity. There are some celestial and acquired faults, which annihilate the quality of legal capacity that must be obligatory in people for the determination of rights and responsibilities. The role of drunkenness, which is one of the acquired faults, on the sidelines of establishment and termination of marriage has been the subject of debate among Islamic jurists. Since the topic is still up to date, in this study right to disposal (al-tasarruf) of the drunk in Islamic family law are discussed. The study consists of an introduction, tree chapters and a conclusion. Along with the importance and purpose, methods and sources and scope and limitations of the research are dealt with in the introduction section. In the first chapter, under the main title of "General Provisions in Islamic Family Law", the subjects such as the notion of family and the significance of family, marriage contract (nikah), and the dissolution of marriage are examined. In the second chapter, under the main title of "Drunken and Its Impact on Legal Capacity", drunkenness, the impact of drunkenness on legal capacity are discussed. In the third chapter, the Fıqhî Provision of right to disposal (al-tasarruf) of the drunk in the field of Islamic family law are discussed within the framework of four sects. In addition, contemporary approaches to this issue and the provision of drunkenness in today's legal systems have been touched upon. Key words: family, disposal, drunkenness, marriage, divorce.