Divorce by judge's decision beacuse of abusemet and severe incompatibility from poit of viem of Islamic law
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Abstract (EN)
The religion of Islam encourages marriage and frowns upon divorce. However, divorce is considered a solution in cases where it is not possible for the marriage union to continue. It is known that in Islamic jurisprudence, the right to divorce (talaq) is recognized primarily for the man. On the other hand, the woman divorces her husband by "mutual cursing" (li'an) if he accuses her of committing adultery. Additionally, if there is a marital conflict, it is known that the woman can divorce her husband for a price to be given to him (mukhala'a). In our dissertation, we aim to examine that other than these cases, the woman also has the right to demand divorce by applying to a court in cases of the ill/poor treatment of her -by her husband. In this context, our study is presented under 4 main sections. These are physical ill-treatment and severe conflict, psychological ill-treatment and severe conflict, economic ill-treatment and severe conflict, and sexual ill-treatment and severe conflict. What will a woman, who is subjected to physical violence, constantly verbally abused, degraded, has her essential needs neglected knowingly or unknowingly (for reasons beyond one's control), is forced to have anal intercourse or intercourse during her menstrual period, or is injured due to this treatment, face in case she applies to a Sharia court to demand divorce? The results of our study will answer this question.
Author
Gökhan Uysal
Institution
How to Cite
Gökhan Uysal (Master Thesis). Divorce by judge's decision beacuse of abusemet and severe incompatibility from poit of viem of Islamic law, 2023, Balıkesir University.
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