Abstract:

The 1917 Family Law Decree is an important codification movement in terms of both Ottoman law and Islamic law. In Ottoman law, the Family Law Decree of 1917 is of great importance as it is the first legal regulation that governs engagement as an institution. It is stated in the decree that a marriage contract will not occur by getting engaged. Engagement is a legal relationship that the parties can terminate at any time. In addition, in the event of the death of one of the betrothed, it is accepted that the engagement ends automatically. There are regulations regarding the gifts given by the parties to each other and the status of the things given as a deduction for the mahr in case the engagement is broken. The decree did not explicitly or implicitly make any provision regarding the right to compensation. Because the engagement is not accepted as a contract in Islamic law, it was not considered appropriate to demand compensation due to the breaking of the engagement. Looking at today’s law, it is understood that the provisions on engagement are in general parallel with the Decree. In this respect, it is important for the study to draw a conclusion by making a general comparison of the reasons for the termination of the engagement regulated in the Turkish Civil Code and the results.

Keywords: