Yüksek LisansAçık Erişim

Differences in the dowry and the contents of the house and its solution

2018
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Danışman: Doç. Dr. Metin Yiğit

Özet (EN)

One of the most important issues in the Islamic family law is the disputes and their solutions related to the mahr and the household goods. Although disagreements regarding these issues do not arise in happily and peacefully ongoing marriages, they are likely to show up in divorce or decease of the either or both of the pairs (the wife and the husband). In any case, Islamic scholars have given great importance to the disputes regarding the mahr and household properties and have brought practical solutions to them. The following are the probable conflicts between the wife and husband or their successors on the mahr: The amount, the type, and the nature of the mahr; whether they are entitled, whether they are possessed, whether the gifts that the wife has received are deemed mahr, and who is responsible for the compensation when the mahr lessens or is completely lost. Possible disagreements with the household items (metâu'l-beyt) are usually pertinent to the issue of whether the housekeeping-furnishing is under the wife's or the husband's responsibility, and which of the pairs own the household goods. According to all the sects, in case of a disagreement between the wife and the husband on the aforementioned issues, the judgment is based on the evidences, if exists. Otherwise, for the truth of their statements, the wife and the husband are expected to swear (pledge). If one of the wife and the husband swears, her/his statement is regarded as the truth and the judgment is rendered accordingly. There are various opinions among the sects when both sides swearing that their claim is true and their statements oppose to each other. In the case where either or both of the pairs are died and disputes arise among their inheritors, all the sects but the Hanafi treats the case as if the wife and the husband are alive. Key concepts: al-mahr, Mahr-i misl, Mahr-i musamma, Household goods, Furnise a house.

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Nurettin Yıldırım

Bu Yayına Nasıl Atıf Yapılır

Nurettin Yıldırım (Master Thesis). Differences in the dowry and the contents of the house and its solution, 2018, Dicle University.

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