Master'sOpen Access

The relation of Islamic and Jewish Law: Marriage sample

2011
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Advisor: Prof. Dr. Mustafa Yıldırım

Abstract (EN)

Starting from the first years of Islam, the economical, political and social relationship between Jewish and Muslims has been very close for ages. For a long time, they shared the same geography, a similar culture and as a result a similar custom. Because the religion of both community lived on from the same divine resource, Islam ( Maide, 5/46-48, Ali Imran, 3/50) as an embracing religion of Judaism, has caused some common facts between them. Law is an important one among them.Manners, customs and culture have an important place in family law. Approaching in this respect, family law is a field in which the relation between Islamic law system and Jewish law system can be easily determined. Our study subjects to the marriage contract of these two closely engaged communities, the practices of marriage and the relation between these two laws.In the introduction part of the study, sources of Islamic and Jewish family law is included.In the first chapter, we have dealt with generally the point of view of these two laws to the marriage in terms of religion and law, the procedure before marriage and marriage contract. In addition, in the same chapter, Ketuba term, which is a significant element of the marriage contract in Jewish law and the details of this term, different marriage contract types in both family laws and marriage with concubines are mentioned as well.In the second chapter, subject of our study contains testimony, attorneyship, guardianship, mehir and nuptials.In the third and last chapter, marriage prohibitions independent from the contract itself but which affect directly legality and validity of the contract and marriage merits are expressed.In the context of marriage contract, we have eventually tried to retain the relation of Islamic family law and Jewish family law within the scope of common facts and differences.Keywords: Marriage, Marriage Contract, K

Author

Dr. Hakime Reyyan Yaşar

How to Cite

Hakime Reyyan Yaşar (Master Thesis). The relation of Islamic and Jewish Law: Marriage sample, 2011, Dokuz Eylül University.

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