TMK’ya göre gerçekleşen boşanmaların islam hukuku açısından değerlendirilmesi

Abstract

Discussions on marriage and divorce started with the adoption of the new Turkish Civil Law (TMK) on 4 October 1926 have not finished yet. One of the topics discussed is that whether divorcements performed according to TMK are valid in terms of Islamic law or not. After enduring discussions on the dilemma of "civil marriage – religious marriage", most of the modern scholars of Islamic law has declared that a civil marriage performed "in accordance with terms" is valid in terms of religious/Islamic principles. But we can't say the same about a civil divorcement performed with the court decision according to TMK. Because such civil divorcements have not been discussed sufficiently by modern scholars of Islamic law, so a common or widespread opinion on this matter hasn't been reached. Also there is no tangible proposals for the solution of social problems emerging because of this matter. This work aims to study this issue which causes some important social problems in our society in terms of "some special cases in Islamic law" and in terms of "procedure (forms) of divorce in Islamic law", and to put the issue in discussion agenda of Islamic law scholars.