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In Islamic societies ṭalāq is mostly conditional. It is generally done with the aim of encouraging, preventing or reinforcing something. The condition in question may be related to husband and wife and third parties, or it may be in every important or unimportant subject such as trading. The implementation of ṭalāq can sometimes be tied up to a place, a past event, a future event, or a marriage. In this study, we examined the views of the four madhhabs related to the subject, as well as the madhhabs of Jā‘farī, Ibāḍī, Zaydī and Ẓāhirī. We have presented the codes of al-aḥwāl al-shakhsiyya and the approaches of contemporary scholars. According to the four madhhabs, the Ibāḍīs and the Zaydīs, the conditional divorce takes place if the condition is met. According to Ẓāhirīs and Jā‘farīs, the conditional divorce does not takes place, and it must be done as Allah has ordered and with certain terms that express divorce immediately. According to Ibn Taymiyyah and Ibn Qayyim, if the purpose of conditional talaq is dissolution of the marriage, divorce occurs. However, if there is no intent to divorce and ṭalāq is used as an oath, the provisions of the oath are valid and the divorce does not occur, and the expiation of the oath is required. According to the majority of scholars, whether the condition of ṭalāq is related to family life, whether the husband and wife love each other, the purpose of the condition and whether it is in accordance with Sunnī divorce, it is decided that divorce will be implemented in any case. It is also not taken into consideration whether the condition in question is something the woman could do. Conditional divorce is sometimes made with three divorces, but this causes religious and social problems. For instance, husband and wife are forbidden to each other, families break up, spouses who do not want to leave resort to various tricks or seek different solutions to return to each other. In the modern period, there has been a change in the provision of conditional divorce in the codes of al-aḥwāl al-shakhsiyya and in the opinions of some Islamic jurists. The codes of al-aḥwāl al-shakhsiyya either do not consider the conditional divorce valid or those with the intention of divorce are valid, and those with the purpose of swearing are not valid. These two views have been to the benefit of people at the point of narrowing the scope of ṭalāq. Some countries, on the other hand, have prevented divorces whose conditions have not been met by imposing the divorce to be judged in before the court. This divorce should be evaluated in terms of whether it is in line with Sunnī divorce. The divorces in the Qur’ān and the Sunnah express immediate divorce. Conditional divorces (since they are not immediate divorces) do not comply with the Sunnī divorce, since they are not munajjaz (immediate). Divorce should not be conditional just as marriage is not conditional. Marriages are bound to a temporary period with conditional divorce, so they resemble temporary marriages in this respect. Divorce is a process that can be applied when there is a need for separation. It should not be used for other purposes and treatments. The fact that the divorce can be attributed to the condition and time, and that the words are taken as basis in the divorces, has greatly expanded the scope of ṭalāq. We see that such a practice of ṭalāq exceeds the limits set by the Sharī‘a and is out of the scope of its purpose. There is no evidence in the Qur’ān that such a divorce could take place, and there was no narration that such a divorce would take place during the time of the Messenger of Allah. It is an issue that emerged after the Prophet, and it is a matter of ijtihād. Ṭalāq has limits and rules that must be followed. The Qur’ān and Sunnah have introduced a certain procedure for ṭalāq. Practices that do not follow this procedure should not be valid. We argue for invalidness of the conditional ṭalāq, since there is no text which supports the general view of scholars, it harms the family institution, this form of ṭalāq is not compatible with the Qur’ān and Sunnah, and. Although conditional ṭalāq is generally used in the sense of an oath, it should not be counted as an oath since there is no such form of oath in Sharī‘a. This view is an important step towards limiting the scope of ṭalāq, which protects the institution of the family and it is compatible with the maqâṣıd al-sharī‘a, and is a solution for the social problems in this regard. [ABSTRACT FROM AUTHOR]

This study is the translation of the open access (https://doi.org/10.1163/15685195- 02612P01) article titled “Khul‘:Local Contours of a Global Phenomenon” which was previously published in the journal of Islamic Law and Society, volume 26(2019) and issue 1-2. We thank the authors Nadia Sonneveld and Erin Stiles for their permission to publish the translation of the article. In this article, which examines the practices of khul‘ that is one of the Islamic divorce ways in the contemporary Muslim communities, the nature, legality and the consequences of khul‘ are also emphasized. The article was started by explaining the bases of khul‘ in the Qur'an and hadith literature, and then the practices in modern Muslim communities were conveyed. Khul‘s practices have been tried to be comprehended from the point of view of both commoners and legal practitioners. As a result of the examinations made in the article, the main issues related to khul‘ have been identified and these have been addressed by adopting an approach that compares the understanding and practicing of khul‘ in various cultural, religious and legal contexts in Asia, Africa and Europe. [ABSTRACT FROM AUTHOR]

Marriage is an essential and encouraged beginning in Islam, while divorce is an excep)tion and an unwelcomed outcome. The most detailed provisions in the Qur'an are related to family law. Based on the relevant verses and hadiths, Islamic jurists have arranged the law of marriage and divorce under the headings of “nikah” and “talaq”. They also considered the moral aspects of the legal regulations, depending on the expressions in some verses and hadiths on the issue., Islam has modified some of the rulings that existed in the society before its emerge. Marriage and divorce are also among these changes. After the Prophet’s prophethood and the Qur’an’s revelation, the marriages and divorces in the period of ignorance gained a new system, and provisions befitting human dignity were introduced. Although there were no certain limits on the number of women who had been married before and on the issue of divorce, the Qur'an brought significant restrictions on both issues and sometimes expressed them with the concept of “hududullah/Allah’s legal limits.” Islam, which encourages marriage to establish a family, find peace and be kin, does not welcome divorce, but accept it permissible when necessary. In order not to create enmity between the divorced spouses and their fami)lies, Islam established a divorce procedure, and introduced manners and morals into the divorce. Touching on the sensitive points for this, the Qur’an recommends that the spouses should be divorced in a kind and humane manner without resorting to vio)lence, harming each other, and being hostile. In this article, the issue of divorce proce)dure and morality will be discussed from the perspective of the Qur'an, sunnah, and fiqh. Considering the general expressions of the verses, it is a requirement of the nature of both men and women to marry appropriately, establish a warm home and come together to live in peace. Reducing the subject and purpose of the marriage contract to only sexual satisfaction is simplifying this important contract with malicious intent. The definition of the marriage contract as a contract made on "milk-i mut'a" (sexual exploitation / temporary marriage / fixed-term marriage) in Islamic Jurisprodence books is a necessity of the difficulties faced by jurists in determining the contracting techniques and the basis on which they want to benefit from a free woman. Therefore, getting married is not only for simple sexual satisfaction, but also for obtaining the fruits of tranquility, happiness and mercy. Thisincludes facing the hardships, pains, troubles, envy and problems of life together, and sharing the blessings, benefits and beauties of life. Faqihs have tied some religious and worldly interests to this contract, such as the protection and continuation of the lineage, the protection of women, protection from sexual harams, and increasing the number of believers worthy of the pride of the Prophet. Despite all these, spouses whose temperaments do not match, and who, despite all well-intentioned efforts and approaches, seem to be unable to experience these beauties together after following the above-mentioned steps, can leave without being hostile, without resorting to violence, and by staying friendly and benevolent. It is this way of separating them that is in line with the Qur'an, the Sunnah and the knowledge of the law and morality of Muslims. The Qur'an, which encourages marriage, does not promote divorce and shows its procedure and morality when it is inevitable, gives great importance to people and human feelings in this matter, as in every other issue. Contrary to some common statements that the woman's family life is between the man's two lips, the Qur'an facilitates marriage but makes divorce somewhat difficult by binding it to a specific procedure. It is understood that the Qur'an, which demands the appointment of arbitrators from the families of the spouses to try to save the marriage by understanding the deficiencies of the discordant spouses, does not see the marriage as a simple contract between two people, on the contrary, it sees it as a contract for establishing a family and creating a holy home. While legitimizing marriage, Almighty Allah also pointed to the wisdom and reasons for marriage, counted it as evidence of its existence, and revealed the marriage of tranquility, majesty and mercy as the ideal marriage. Even when these principles did not come together and the spouses robbed each other by heart, they did not find it suitable to continue a forced marriage, made divorce legitimate, and showed how this should be done. [ABSTRACT FROM AUTHOR]

Birlikte yaşama arzusu ve niyetiyle bir araya gelen eşler arasında çeşitli sebeplerle ayrılıklar meydana gelebilmektedir. Bazı boşama şekillerinde ittifak bulunurken bazı boşama şekilleri fukaha arasında ihtilaflıdır. Kişinin aşırı öfkeli olduğu halde eşini boşaması bu ihtilafa örnek teşkil etmektedir. Aşırı öfke halindeki erkeğin talâkı meselesinde ihtilaf, “ لا طلاق ولا عتاق في إغلاق ” İğlâk haline boşama ve köle azadı yoktur.” rivayeti etrafında şekillenmektedir. Görüş ayrılığının ana sebebi ise mezkûr hadisteki iğlâk lafzının farklı tevilleri sonucu metnin muhtelif fıkhî sonuçlara imkân vermesidir. Yapılan araştırmalar sonucu iğlâk lafzının ikrâh, gazab, cünûn ve tek lafızla üç talâkı vermek olarak tevil edildiği görülmektedir. Dilcilerin, hadisçilerin ve fakihlerin çoğunluğuna göre ilgili sözcük ikrâh manasındadır. Bu doğrultuda iğlâkı ikrâh olarak tevil eden Mâlikî, Şâfiî ve çoğunluk Hanbelî fukaha, öfkelinin boşamasını geçerli görürken; gazab olarak anlamlandıran son dönem bazı Hanbelî fukaha ve çağdaş araştırmacıların çoğu geçerli görmemiştir. Cünûn olarak tevil eden Hanefîlere göre ise ikrâh ve gazab manası muteber değildir. [ABSTRACT FROM AUTHOR]

Risalenin müellifi Âlim Muhammed b. Hamza, XVII. yüzyılın ikinci yarısı ile XVIII. yüzyıl başlarında yaşamış ve Aydın ilinde uzun süre müftülük yapmıştır. Muhtemelen kendisine müfti iken yöneltilen bir soru üzerine kaleme aldığı bu risalede, önce başka bir mezhebi taklid etmenin cevazı üzerinde durmuş daha sonra buna, Hanefi kaynaklarından örnekler vererek taklidin cevazını savunmuştur. Son bölümde Hanefi mezhebine aykırı olsa da o günkü şartlarda, mükrehin talakını geçersiz sayan diğer üç mezhebe ait görüşü almanın zaruret haline getirdiğini öne sürmüştür. Bu çalışmada konu üç bölüm halinde ele alınacak ve risale tahlil edilmeye çalışılacaktır. Sonra da Âlim Muhammed b. Hamza’nın kaleme aldığı taklid ve mükrehin talakına ilişkin risalenin tahkik edilmiş metnine yer verilecektir. [ABSTRACT FROM AUTHOR]

Fıkıh literatüründe el-Mes'eletu’s-Süreyciyye olarak bilenen ve çalışmamıza konu olan bu mesele bir talâk meseledir. Bu çalışma el-Mes'eletu’s-Süreyciyye’nin suretini, kökenini, bu mesele etrafında cereyan eden tartışmaları konu edinmektedir. Çalışmamız bir giriş, üç bölüm ve bir sonuçtan oluşmaktadır. Birinci bölümde meselenin sureti işlenmektedir. İkinci bölümde meselenin kökeni ele alınmaktadır. Üçüncü bölümde ise bu mesele etrafında yapılan tartışmalar işlenmektedir. [ABSTRACT FROM AUTHOR]

The family is the cornerstone of society. In the family that is formed by men and women combine with a legal bond, it arises mutual rights and liabilities. In this study, it is discussed the rights and liabilities of family that arise as a result of the marriage of a Muslim man and woman of the book. This issue that is addressed under such different topics as “nikah” (wedding), “talak” (divorce), “nafaka” (alimony), “hazr”, “ibaha”, and “miras” (heritage) in the classical literature is revealed in a systematic way, and included the researches of present day in this context. As a consequence, it is introduced the view of the Islamic Law on the legal rights and liabilities of the married couples towards each other in such a situation. In this manner, it is discussed the rights of the wife of the book, who are under a Muslim husband's wedding, which are related to the rituals in her own religion, and her rights related to such matters belonging to the family law as alimony, peer justice, bridewealth, clothing, housing, sexual needs, and her rights and liabilities like purity, visiting to relatives (sıla-i rahim), and heritage. [ABSTRACT FROM AUTHOR]

In this article where the effect of solicitude on the marriage will be dealt, firstly it will be given place to the essence of solicitude and the meanings it gained in the fiqh literature, and then the reciprocation of the concept in modern psychiatry will be focused on. In the article, the effects of solicitude especially on divorce will be tried to examine, and in this context, the effect of solicitude on divorce from the point of fiqh during the stages of thought, talk and behaviour will be examined. The matter will be tried to settle in line with the texts of the Quran and Sunnah, juristic principles and jurisprudential opinions. The article will be ended with a common evaluation including our conviction. [ABSTRACT FROM AUTHOR]