Formal marriages in islamic law and their legal rulings
2025
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Advisor: Doç. Dr. Sezai Bekdemir
Abstract (EN)
In Islamic law, marriage is a deeply rooted institution that serves purposes such as maintaining social order, ensuring the continuation of lineage, and preserving moral integrity. The Qur'an emphasizes that love and compassion are instilled among people through marriage and underscores its religious significance. In this regard, marriage constitutes a religious and moral obligation that individuals should duly observe. This thesis addresses the topic of formal marriages and their legal rulings within Islamic law. The first chapter examines the definition of marriage, its pillars and conditions, various types of marriage, as well as the judicial and religious rulings associated with it. Additionally, the worship aspect of marriage and different Islamic schools' perspectives on marriage are discussed. The second chapter analyzes formal marriages conducted for various legal and social reasons, emphasizing their validity based on intention. The impacts of such unions on individuals, families, and society are evaluated through the lens of Islamic jurisprudence, and these practices are critically assessed regarding their classification as either defective (fâsid) or invalid (bâtıl) marriages. While the thesis's foundations are based on Islamic law, it also briefly considers relevant aspects of the modern legal system. The study concludes by highlighting the risks associated with formal marriages that, despite being valid in form, are religiously controversial. It stresses that marriage should not be reduced solely to formal requirements, but its essence must be understood through intention, sincerity, and continuity.
Author
Zeliha Nur Kılınç
How to Cite
Zeliha Nur Kılınç (Master Thesis). Formal marriages in islamic law and their legal rulings, 2025, Yozgat Bozok University.
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