Yüksek LisansAçık Erişim

Misyar wedding and evaluation according to Islamic law

2020
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Danışman: Dr. Öğr. Üyesi Nusret Dede

Özet (EN)

Family is the place where human being the main reason for the existence of law is safest, find peace, and receive their first education. For this reason, it has an important place in Islamic Law as in all law systems. In the rapidly developing and changing societies, people's perceptions and sensitivities, thought structures, and value judgments also change. In the current society, where hedonism and egoism were at the top, different forms of wedding emerged accordingly. Islamic law, the guidance of the Qur'an and with the leadership of the Prophet (s.a.s), had performed cancellation (ibtal), correction (ıslah) and continuation (ibka) on the applications in the ignorance period where the marriage type was high. In this sense, weddings that do not conform to Islamic understanding and morality were canceled. Besides, a single marriage was approved that protects personal rights, declares responsibilities, and sets goals and objectives expected from the family. What is expected to us is to create a family structure that is suitable for this and to report that those who do not comply with this spirit and understanding are not permissible. We inevitably face some troubles If we ignore the wisdom and goals of Islamic law. In this study, we examined types of weddings due to such reasons and specifically the misyar wedding under the following headings. First of all, we conveyed the historical origin, the reason for its emergence and whether it is following Islamic law, the opinions of classical contracting theory and contemporary Islamic law researchers. Then, we tried to evaluate misyar wedding. Whether it is permissible in terms of terms of interest (şartlar nazariyesi), affair (maslahat), precaution (ihtiyat), sobriety (itidal), registration (tescil) and beneficial of the community (makâsıdü'ş-şerîa).

Yazar

Harun Bakan

Bu Yayına Nasıl Atıf Yapılır

Harun Bakan (Master Thesis). Misyar wedding and evaluation according to Islamic law, 2020, Bolu Abant İzzet Baysal University.

Lisans

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