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Günümüzde Uygulamada Olan Resmî Nikâh ile İmam Nikâhının Fıkhî Açıdan Mukayesesi.
- Source :
-
Kafkas University, Faculty of Divinity Review . tem2023, Vol. 10 Issue 20, p628-642. 15p. - Publication Year :
- 2023
-
Abstract
- The family is the most important social unit that sustains society. This institution begins with a marriage contract between a man and a woman. This marriage contract must be in accordance with the measures and procedures determined by both the Civil Law in force in our country and Islamic Law. For it to be legally valid, it must comply with the measures and procedures set by the civil law, and for it to be religiously valid, it must comply with the measures and procedures set by Islamic Law. The basis for the separation of civil law and Islamic law here is that the criteria and criteria set by civil law regarding the marriage contract cannot completely meet the criteria set by Islamic law. Therefore, the marriage contract concluded according to the Civil Law, which is in force only in our country, is invalid because it is problematic in some respects according to Islamic Law. In this study, by comparing the criteria and procedures determined by these two laws regarding the marriage contract, the criteria and conditions determined by the two legal systems for the validity and validity of the marriage contract are examined, and it is tried to determine which of the criteria determined by the Turkish Civil Law are incomplete or problematic compared to Islamic law and how this deficiency can be eliminated. [ABSTRACT FROM AUTHOR]
- Subjects :
- *PRENUPTIAL agreements
*ISLAMIC law
*MARRIAGE law
*SEPARATION (Law)
*CIVIL law
Subjects
Details
- Language :
- Turkish
- ISSN :
- 21488177
- Volume :
- 10
- Issue :
- 20
- Database :
- Academic Search Index
- Journal :
- Kafkas University, Faculty of Divinity Review
- Publication Type :
- Academic Journal
- Accession number :
- 172295336
- Full Text :
- https://doi.org/10.17050/kafkasilahiyat.1280481