RESULTS OF DIVORCEMENT IN REGARD TO COUPLES IN ISLAMIC LAW OF DOMESTİC RELATİONS IN COMPARISON TO TURKISH CIVIL

Abstract

Some changes occur in couples’ life with marriage as well as divorcement. Divorcement is a judicial process and bears legal consequences. The Second Book of Turkish Civil Law includes family law regulations. Counterparties who demand divorce can use the right according to The Family Law. Islam has a judicial system that gives shape to all life of individual. So, divorcement takes place in Islamic Law. There are general regulations called ‘talaq’ in doctrine. The Lawgiver requires Muslims to manage their lives according to Islamic Law. Hence, Muslims’ demand of divorcement has to be concordant with Islamic Law. Most of the Turkish Republic citizens are Muslims. Therefore, the study mentions both Turkish Civil Law and Islamic Law in this matter. Turkish Muslim citizens’ comprehension of regulations of both judicial systems about results of divorcement regarding to couples and the differences between two judicial systems are projected. The study consists of the introduction, two chapter and the conclusion. In introduction, general information is given. In the first chapter, the results of divorcement according to The Civil Law are mentioned. The divorcement’s results which related to couples are examined in three sections: ‘individual results’, ‘economic results’ and ‘results regarded to children’. In the second chapter, the results of divorcement according to Islamic Law are examined in three sections: ‘individual results’, ‘economic results’ and ‘results regarded to children’. In conclusion, The Law Systems are compared to each other and the study is evaluated.