In Search of a Remedy in Another Madhab: Marriage of an Absent Husband in Ottoman Family Law

Name: In Search of a Remedy in Another Madhab: Marriage of an Absent Husband in Ottoman Family Law
Author: Hatice Kübra Kahya

İsim	In Search of a Remedy in Another Madhab: Marriage of an Absent Husband in Ottoman Family Law
Yazar	Hatice Kübra Kahya
Konu	Alimony, Divorce
Tür	Kitap
Dil	Arapça
Dijital	Evet
Yazma	Hayır
Kütüphane:	Danimarka Kraliyet Kütüphanesi
Demirbaş Numarası	EISSN: 2717-6967, DOI: 10.26650/iuitd.2022.1123353
Kayıt Numarası	cdi_doaj_primary_oai_doaj_org_article_e85a8b1bb5554fba97cc4e579349fc81
Lokasyon	DOAJ Directory of Open Access Journals
Notlar	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

Kaynağa git Danimarka Kraliyet Kütüphanesi Royal Danish Library

Aramaya Dön

Danimarka Kraliyet Kütüphanesi

Kaynağa git

In Search of a Remedy in Another Madhab: Marriage of an Absent Husband in Ottoman Family Law

Yazar Hatice Kübra Kahya

Konu Alimony, Divorce

Tür Kitap

Dil Arapça

Dijital Evet

Yazma Hayır

Kütüphane Danimarka Kraliyet Kütüphanesi

Demirbaş Numarası EISSN: 2717-6967, DOI: 10.26650/iuitd.2022.1123353

Kayıt Numarası cdi_doaj_primary_oai_doaj_org_article_e85a8b1bb5554fba97cc4e579349fc81

Lokasyon DOAJ Directory of Open Access Journals

Notlar 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