Marriage Obstacles that Differ in Islamic Family Law and Turkish Civil Code

Hüseyin Karayaka

Article Details

Marriage Obstacles that Differ in Islamic Family Law and Turkish Civil Code

Authors:

Hüseyin Karayaka

Publisher:

Bolu Abant Izzet Baysal University

Main Topics:

İslam Hukuku

Journal:

Dergiabant Vol.12 Issue 2, pp.340-363

Document Type:

Article

Publication Date:

11/2024

Document Language:

Turkish

Document ID (Org No.):

2001332184

pISSN:

2148-0494

Keywords:

Abstract:

 Family is a social reality that exists in every society. For this reason, great importance has been attached to the institution of the family, which forms the basis of society in all ancient religions and nations, and a number of rules have been introduced for its establishment and continuity. As in the previous Turkish-Islamic states, Islamic family law was applied in the Ottoman state. However, in 1926, the Turkish Civil Code was quoted from the Swiss Civil Code in Turkey. Thus, a radical change was made in family law, which Turks used for more than a thousand years after they became Muslims. Although there are areas where both family legal systems overlap, it is obvious that there are many differences. Both legal systems have determined the limits of who the people who will get married can and cannot marry. While there are marriage obstacles on which they agree, there are also issues on which they differ. In this study, it is aimed to examine the marriage obstacles that differ in both legal systems.

 Family is a social reality that exists in every society. For this reason, great importance has been attached to the institution of the family, which forms the basis of society in all ancient religions and nations, and a number of rules have been introduced for its establishment and continuity. As in the previous Turkish-Islamic states, Islamic family law was applied in the Ottoman state. However, in 1926, the Turkish Civil Code was quoted from the Swiss Civil Code in Turkey. Thus, a radical change was made in family law, which Turks used for more than a thousand years after they became Muslims. Although there are areas where both family legal systems overlap, it is obvious that there are many differences. Both legal systems have determined the limits of who the people who will get married can and cannot marry. While there are marriage obstacles on which they agree, there are also issues on which they differ. In this study, it is aimed to examine the marriage obstacles that differ in both legal systems.

 Family is a social reality that exists in every society. For this reason, great importance has been attached to the institution of the family, which forms the basis of society in all ancient religions and nations, and a number of rules have been introduced for its establishment and continuity. As in the previous Turkish-Islamic states, Islamic family law was applied in the Ottoman state. However, in 1926, the Turkish Civil Code was quoted from the Swiss Civil Code in Turkey. Thus, a radical change was made in family law, which Turks used for more than a thousand years after they became Muslims. Although there are areas where both family legal systems overlap, it is obvious that there are many differences. Both legal systems have determined the limits of who the people who will get married can and cannot marry. While there are marriage obstacles on which they agree, there are also issues on which they differ. In this study, it is aimed to examine the marriage obstacles that differ in both legal systems.

 Aile her toplumda var olan sosyal bir gerçekliktir. Bu sebepledir ki kadim tüm dinlerde ve milletlerde toplumun temelini oluşturan aile kurumuna büyük önem atfedilmiş, kurulması ve devamlılığı için birtakım kurallar getirilmiştir. Önceki Türk İslam devletlerinde olduğu gibi Osmanlı Devletinde de İslam aile hukuku uygulanmıştır. Ancak Türkiyede 1926da Türk Medeni Kanunu, İsviçre Medeni Kanunundan iktibas edilmiştir. Böylece Türklerin Müslüman olduktan sonra bin yılı aşkın bir süredir kullandıkları aile hukukunda köklü bir değişikliğe gidilmiştir. Her iki aile hukuk sisteminde örtüşen alanlar mevcut olmakla birlikte birçok farklılığın olduğu da aşikârdır. Her iki hukuk sistemi de kişilerin, kimlerle evlenip evlenemeyeceğinin sınırlarını belirlemiştir. İttifak ettikleri evlilik engelleri olduğu gibi bu noktada ayrıldıkları hususlar da mevcuttur. Bu çalışmada her iki hukuk sisteminde farklılık arz eden evlilik engellerinin neler olduğunun incelenmesi hedeflenmiştir.

Article Details

Marriage Obstacles that Differ in Islamic Family Law and Turkish Civil Code

Authors:

Hüseyin Karayaka

Publisher:

Bolu Abant Izzet Baysal University

Main Topics:

İslam Hukuku

Journal:

Dergiabant Vol.12 Issue 2, pp.340-363

Document Type:

Article

Publication Date:

11/2024

Document Language:

Turkish

Document ID (Org No.):

2001332184

pISSN:

2148-0494

Islamic Law

Islamic Family Law

Turkish Civil Code

Marriage Obstacles

Superstitious Marriagesİslam Hukuku

İslam Aile Hukuku

Türk Medeni Kanunu

Evlenme Engelleri

Batıl Evlilikler

Issues

Article Details

Authors: Hüseyin Karayaka

Publisher: Bolu Abant Izzet Baysal University

Main Topics: İslam Hukuku

Journal: Dergiabant Vol.12 Issue 2, pp.340-363

Document Type: Article

Publication Date: 11/2024

Document Language: Turkish

Document ID (Org No.): 2001332184

pISSN: 2148-0494

Issues

Authors:

Hüseyin Karayaka

Publisher:

Bolu Abant Izzet Baysal University

Main Topics:

İslam Hukuku

Journal:

Dergiabant Vol.12 Issue 2, pp.340-363

Document Type:

Article

Publication Date:

11/2024

Document Language:

Turkish

Document ID (Org No.):

2001332184

pISSN:

2148-0494