The scope and problems of the authority granted to muftiatesfor performing marriage ceremony

The establishment of the family institution that ensures the continuation of the generations takes place with the marriage contract. From past to present, marriages are established in all legal systems with a contract. Differences between the legal systems in terms of marriage agreements exited in all periods. In Islamic law, like every contract, certain elements and conditions are determined for the marriage contract. In Islamic law, the marriage contract takes place when men and women, who do not have any obstacles for their marriage, express their will. The elements of the marriage contract are the parties and the declaration of will which expresses their statement about their wishes for marriage. Necessary conditions must be met for the marriage. Otherwise, problems arise regarding the validity of the marriage. According to the positive law, the marriage takes place with a declaration of will in front of the marriage officer. There are also certain conditions in the positive law for marriage. In case the conditions in question are not met, the marriage is declared null and void. After the amendment made in the Law on Population Services, together with the relevant consent of the Ministry of Interior, the provincial and district Muftis were also included among the marriage officers. When the marriage authority granted to the Muftis within the framework of the relevant laws is examined, it is envisaged that the Muftis, whose main task is to carry out the works related to the beliefs, worship and moral principles of the Islamic Religion, to enlighten the society on religion and to administer the places of worship shall be confronted with certain problems. In our study, the problems caused by the marriage officer duty given to the muftis with the related law amendment were expressed. In our study, the problems that shall be caused by the duty of being marriage officer granted to the muftis with the related law amendment are expressed. Key Words: Islamic Law, Positive Law, Marriage, Mufti.