Abstract:

Alimony, which ensures the continuity of life and includes variants such as marriage, kinship and property, is now mainly on the agenda in divorces. In Islamic law, alimony is a responsibility imposed on the man for the duration of the marriage and it is accepted that it ends with the idda, but there are opinions about the possibility of such a liability after divorce. The indefinite duration of the right to alimony under the Turkish Civil Code has recently been the subject of much debate and has been criticised by many legal experts as inequitable and unfair. Although Islamic law does not mention the right to alimony between divorced persons, it is accepted that the man has certain financial responsibilities which he is obliged to pay to the wife. In order to ensure social justice in acts that are not prohibited by religion, the public authority has the power to make new provisions for the benefit of society. For this reason, the State may decide to pay alimony to a divorced woman under the name of "divorce alimony" in divorces where there is no reason for the right to alimony to be considered null and void.

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