Master'sOpen Access

Talaq al-hazil in Islamic law

2023
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Advisor: Prof. Dr. Nasi Aslan

Abstract (EN)

This study was prepared within the framework of hezl (joke), which is accepted as a license failure. In the dispositions of the hazil [who says "I divorce you" as a joke], it is considered that the internal and external will revealed are different. The issue of whether this difference will affect the transactions of the hazil is of particular importance. Islam recommends the continuity of marriage and aims to protect its dignity. In addition to some recommendations, it has also taken the necessary precautions. One of these is that talaq (divorce) is not made a joke. This research aims to reveal whether or not the talaq al-hazil occurs in Islam, where deeds gain value according to intentions. This study, which starts with the introduction, which includes the subject, purpose, method, and sources of the research, consists of three chapters and a conclusion. In the first chapter, the issue of talaq, a process that ends marriages, is discussed in a general framework. In the second part, the concept of license and its types are mentioned, and the license malfunctions and the effect of these malfunctions on talaq are examined. In the third chapter, the concepts of hezl and collusion, the decree of hezl, and the dispositions of hazil are mentioned. Again, in the same chapter, whether or not talaq al-hazil talaq took place was discussed in detail, and the evidence was critiqued. Finally, the conclusions reached and the opinion that the research has created for us is given in the conclusion part. In our study, the evidence for talaq al-hazil was compiled and critiqued. As a result, it was determined that there are some faults in the related narrations. However, these are minor, and the related narrations also support each other. Therefore, we are of the opinion that the talaq al-hazil will take place in line with certain criteria. Keywords: Talaq, License, Hezl, Hazil.

Author

Dr. Muhammet Ali Oğultarhan

How to Cite

Muhammet Ali Oğultarhan (Master Thesis). Talaq al-hazil in Islamic law, 2023, Çukurova University.

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