Author
Recep Cetintaş
Publication Place
Young People's Marriage and Mahr Foundation -
Young People's Marriage and Mahr Foundation
Subject
Alimony, Divorce, Islamic law, Marriage, Poverty
Type
kitap
Language
ara,eng
Digital
Yes
Manuscript
No
Library
Leitir Library
Library Asset ID
ISSN: 1304-1045, EISSN: 2791-9730, DOI: 10.59777/ihad.1244608
Record ID
cdi_doaj_primary_oai_doaj_org_article_e67d890854184825aa9a9c2197112cd5
Library Location
DOAJ Directory of Open Access Journals
Notes
In broad terms, alimony refers to the expenses a person will make to meet the shelter, nutrition and clothing needs of his/her spouse, children and close relatives. In a narrow sense, alimony means the expenses that the husband will make to provide for his wife and children while the marriage continues. In Islamic law, only the husband is responsible for all expenses while the marriage union continues. This is called marital alimony. When the spouses are definitely separated due to reasons such as the man divorcing his wife or the judge ending the marriage union, if the woman is not pregnant, during three menstrual periods or cleaning; If she is pregnant, she must wait until she gives birth or has a miscarriage. According to Islamic law, with some differences of opinion, the husband is obliged to provide the woman's food, clothing and housing needs during this period. This is called iddat alimony. After the end of the waiting period, according to Islam, the woman does not have the right to demand alimony from her husband. Because Islam holds the relatives from the upper lineage and the relatives from the lower lineage responsible for providing the alimony of a woman if she is poor, whether she has never been married, married and divorced, or her husband has died. In Islamic law, this is called kinship alimony. Islam does not oblige the ex-husband to provide alimony to a poor widow whose marriage union has ended in any way, as it puts the living expenses on her relatives. Because the ex-husband has no rights over the divorced woman and there is no bond between them. For this reason, since the husband does not have the right to benefit (blessing) from his separated wife in any way, he does not have any financial responsibility towards her according to Islamic law. Articles 175 and 176 of the Turkish Civil Code give the judge the discretion to impose the alimony of the divorced woman on the husband from whom she has separated indefinitely, unless the divorced woman is at full fault. Although this provision of the Civil Code is binding, it is contrary to the principles of justice and equity. Because, according to the principles of justice and equity, the wife should not benefit from her ex-husband in any way, since the husband cannot benefit from the woman materially and spiritually after the separation. The benefit-burden balance also requires this. According to Islamic law, which takes these principles into consideration, a woman separated with a final divorce does not have the right to demand alimony from her husband after completing the waiting period. However, if a woman receives alimony from her ex-husband by force of law, this earnings cannot be considered halal in Islam. Because, according to Islam, in order for an income to be halal, it must be obtained through one of the legitimate means of earning such as trade, inheritance, will and gift, or in exchange for labor, or the person must give it with his/her heart's contentment. However, the woman does not earn this income from her ex-husband through any of the legitimate ways of earning mentioned. Therefore, if a woman demands indefinite alimony from her ex-husband after completing the waiting period (iddat) from the moment of final divorce and receives it by force of law, this alimony may be legal according to the Civil Code, but it is not halal according to Islam. In this regard, if a divorced woman who has fallen into poverty is in need of alimony, it would be appropriate for her to request it not from her ex-husband, but from her relatives and siblings from the upper and lower lineage, as stated in Articles 364 and 365 of the Civil Code, and the courts should rule accordingly. In cases where this is not possible, the most appropriate solution would be to create a budget within the Ministry of Family and Social Services, as a requirement of the state being a social law state, and provide salaries to poor women separated from their husbands -instead of the current partial allowance.
Detaylı Başlık
Süresiz Yoksulluk Nafakasının İslâm Hukuku Açısından Değerlendirilmesi
