The roles of spouses within the family in Islamic Law and Turkish Civil Law

This study aims to examine the roles of spouses within the family in Islamic Law and Turkish Civil Law. Throughout history, the family institution has maintained its importance in preserving the existence of society and ensuring its continuity. The protection of the family institution has been sought not only orally but also through legal rules. Just as Islam changed many systems existing in the pre-Islamic (Jahiliyyah) society where the first revelation came, it also provided necessary regulations in the family institution. In Islamic law, family law is included in the sections on worship and transactions. Islamic family law establishes provisions concerning all aspects of marriage, from the engagement period to the duration of marriage and including divorce. In this case, it is possible to see that in Islamic law, the rights of individuals are protected not only in matters such as trade but also in the family institution, which is a social structure. In Turkey, the legal norms specified in the Turkish Civil Code No. 4721, adopted on November 22, 2001 and effective on January 1, 2002, are applied. While these two legal systems have similarities and differences, they also present some practical difficulties for Muslims. These challenges stem from the changes made within the framework of the principle of equality in Turkish Civil Law. Indeed, in contrast to the principle of equality in Islamic Law, there is a just and equitable approach. This study is important for distinguishing and practically applying the rights and responsibilities arising from the role of spouse in the two existing legal systems, in order to ensure the healthy functioning of the family institution.