DIVORCE AUTHORITY AND DIVORCING OF A WOMAN IN ISLAMIC FAMILY LAW

Abstract

Author(s): Ali YÜKSEK

The holy Koran contains a lot of orders and advices about establishment, continuation and the ending of family organization. The Koran accepts the marriage as a naturel need and necessity, and orders to marry adults. The Koran gives methods that can be followed to solve the problems couples can face with during their marriage.All of these show that Islam gives special importance to family organization on principle. Islam wants the marriage to be continual, not temporary and accepts the marriage agreement only if it is throughout the lives of couples. The fundamental principle of a marriage is to continue the marriage until the death of one or both of the couples. Temporary marriage is forbidden in Islam. But marriage agreement is not adequate on its own for the continuation of a marriage actually. For the continuity of a marriage, mutual understanding, respect and love are necessary between the couples. The links between the couples may be damaged or even may be cut because of the fact that people's nature, understanding and interests may be different or because of some events happened, etc. The peace in the family may disappear and being together may turn to hank for couples. This situation prevents performance of the rights and duties God wants to be performed. It is necessary to get rid of this.

In this study, divorce in Islamic family law is discussed extensively. One( one bir demek some birkac buraya hangisi konulmal?birden fazla konu söylenmi? some koyarsak is kelimesi are ?eklinde yaz?lmal?) of these discussions is (some of these discussions are)who can decide the divorce, who is authorized for divorce, whether the wife has right to divorce her husband or not. Whether The wife has not or has the right to divorce her husband, and in which situations wife has the right to divorce her husband are worked on by the evidences from The Koran and the Sunna.

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