Kur`an`a Göre Boşanma Prosedürü

Authors : Hamza AKTAN

Pages : 0-0

View : 16 | Download : 4

Publication Date : 2002-06-01

Article Type : Research Paper

Abstract :If we investigate The Qur’an carefully as a source of lslamic Law to have knowledge on the rules of divorce we see that divorce is a final solution of friction between husband and wife. There are some verses in The Qur’an that order married couple under any circumstances to try hard to cotinue the conjugal community. First of all The Qur’an orders the couple to be upon each other’s behaviour insert ignore into journalissuearticles values(Qur’an, Al Nisa 4/19; and see also Al Baqarah 2/231, Al Talaq 65/2}. In case the wife is obstinately disobidant insert ignore into journalissuearticles values(naashiz); the husband have to strive for getting on well together insert ignore into journalissuearticles values(Qur’an, Al Nisa’ 4/34);. On the cotrary if the husband goes beyond the rulles of marriage then the wife tries to come to an agreement to keep the peace insert ignore into journalissuearticles values(Qur’an, Al Nisa 4/ 128);. In any case if the striving of couple to keep the peace doesn’t give a result then the relatives have to be interested the problem. So they choose an arbitrator insert ignore into journalissuearticles values(hakam); from the family of the wife and an arbitrator from the family of the husband. The two or more chosen arbitrators try to makepeace among the husband and wife insert ignore into journalissuearticles values(Qur’an, Al Nisa 4/35);. If arbitrators not meet with succes of making peace among the couple then the divorce may be considered as a solution of the problem. When the husband decided to divorce his wife he must do it in the period of divorce. Because The Qur’an determined a period for divorce insert ignore into journalissuearticles values(Qur’an, Al Talaq 65/1);. And the Prophet Mohammad insert ignore into journalissuearticles values(peace be upon him); declared this concise insert ignore into journalissuearticles values(mujmal); period. According to declaration of the Prophet insert ignore into journalissuearticles values(peace be upon him); the period of divorce begins with the end of menstruation and finish with coition insert ignore into journalissuearticles values(Azimabadİ, Avn Al Ma’bud, VI, 227-228);. In another word the husband can divorce only in the period of canonical cleannes of his wife but before the coition. If he has a sexual intercours with his wife then he can not divorce until the next period. From these Qur’anic verses and the declaration of the Prophet insert ignore into journalissuearticles values(peace be upon him); we may deduce that the divorce is the fi
Keywords : divorce, marriage, obstinately disobidant naashiz, arbitrator hakam, period of divorce, menstruation, canonical cleannes