In Search of a Remedy in Another Madhab: Marriage of an Absent Husband in Ottoman Family Law
| Title | In Search of a Remedy in Another Madhab: Marriage of an Absent Husband in Ottoman Family Law |
|---|---|
| Author | Hatice Kübra Kahya |
| Subject | Alimony, Divorce |
| Type | Book |
| Language | Arabic |
| Digital | Yes |
| Manuscript | No |
| Library: | Royal Danish Library |
| Library Asset ID | EISSN: 2717-6967, DOI: 10.26650/iuitd.2022.1123353 |
| Record ID | cdi_doaj_primary_oai_doaj_org_article_e85a8b1bb5554fba97cc4e579349fc81 |
| Library Location | DOAJ Directory of Open Access Journals |
| Notes | A person who has gone missing, who has not been heard from for a long time, and whose status of being alive or dead is unknown is called mafqūd in the Hanafi fiqh literature. This article examines the marital status of the absent husband who has disappeared under normal circumstances without any danger such as war as well as the husband who has left his family without leaving alimony and refuses to return. The muftâ bih view of the Ottoman Hanafi school forced the wife to wait until the missing husband reached the age of 90. However, the state of necessity for the wife who’d been abandoned without alimony forced the Ottoman Hanafi jurists to give room to other madhabs’ solutions. This room was initially given indirectly through legal institutions such as istikhlāf and niyāba and eventually allowed a Hanafi judge to even follow other madhabs and make a divorce decision against the absent husband. |
| Görüntüle | İslam tetkikleri dergisi, 2022-09, Vol.12 (2), p.697-716 |
