Abstract:

Within the financial obligations of a obligated person, there exist the task for earning a livelihood for the individuals of the elementary family who are spouse and children, and the person is rich, the task for providing financial support for the relatives who are in need. This is not considered only as a moral duty but also a legal obligation which is binding in both Islamic Law and Turkish Civil Law. The part of this obligation which is called as maintenance in about being liable for the adult relative, apart from the spouses and children are examined by comparing both legal systems in this study. It is seen that the maintenance obligation for the relative is extended for the collateral kin as well as the upper and bottom lineages in both legal systems; and these two groups of relatives are subject to various evaluations in terms of provisions regarding the requirements and maintenance to obtain the right for maintenance. On the other hand, since paternity is considered to be created by legitimate birth which is experienced under only marriage according to Islamic Law, maintenance law can be a matter between the kins and the person who is liable for maintenance only in this way. This point constitutes the fundamental distinction between Islamic Law and Turkish Civil Law which accepts that kinship and maintenance obligation can be created by adopting child/children and illegitimate child/children in terms of maintenance.

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