Özet:

Marriage is the basis of the family and family is in the place of heart as the basis of community. Within the scope of marriage law, a common life is made lawful (halal) to spouses by matrimonial action, so that the physiological needs are fulfill within the licit frame. However, significant number of our youth in marital age recently prefer solitude rather than marriage and the related needs are met through abnormal ways. This situation injures individual and social life. This article is a study that aims to throw light on the extent of responsibility that bring by marriage within framework of the decree of obligation (hukm al-taklifi). In consequence of the research, it is seen that fiqh scholars determined some criteria as part of the people’s carnal desires, economic opportunities, psycho-social conditions and prayers and try to build their legal opinions on these criteria. In line with these criteria, some scholars have concluded that the primary judgement of marriage is obligatory (fardh), and some of them have concluded that it is recommended (mandub) including sunnah. Beside this, there have been some scholars who have said that the primary judgement was permitted (mubaah). According to Hanafi school, the state of i’tidal basically is that a person has a desire for women, has no fear of furnication, and has the power to pay dowry (mahr) and maintanence financially. Based on the opinion accepted more authentic (sahih) in Hanafi school, marriage is sunnah al-mu’akkadah for the person who is in state of i’tidal. According to Mâlîki School, the main judgement in marriage is “nadb”. A person who needs marriage and who is not afraid to commit fornication even if he does not marry, is consider in state of i’tidal if he also has financial power such as dowry, maintenance and garment. In this case, the marriage of that person is mandub. In Hanbali school, the marriage of anyone who does not have the fear of fornication besides the need to marry physiologically is favoured (mustahabb), in other words, it is sunnah. In this case, there is no difference between the one who rich and the poor in terms of judgement. Scholars of Hanafi, Mâlîki and Hanbali schools considered the marriage and the occupations required by marriage to be more virtuous than abandoning marriage for the purpose of worship/devotion. In this regard, it is said that Imam Shafii disagrees with the majority of fuqaha. Imam Shafii did not see any harm in the abandonment of the marriage for men who did not have carnal desire for women and for men and women who did not need marriage because they have been cut off from lust due to old age or any other incidental state. However, he said that it is mandub for those who need marriage to be protected from forbidden actions and who are in a position to achieve the consummations of marriage. Considering this view, it is convenient to say that Imam Shafii is based on the state mentioned above as the state of i’tidal. Therefore, according to Imam Shafii, the most decisive criterion in the judgement of marriage is the need to marry. For this reason, the marriage of the person who is in the state of i’tidal cannot be expressed only as mubaah. For those who need to be married carnally and who can achieve the consummations of marriage, the judgement of marriage is mandub. As a consequence, within the framework of criteria determined by the fiqh scholars on the basis of Islamic legal sources; the judgement of marriage can change as fardh, wajib, sunnah, mubaah, makruh or haraam according to the situation of people. On the other hand, there are three different views about the judgement of marriage in state of i’tidal as fardh, sunnah and mubaah. Marriage is obligatory according to the Zahiri school and sunnah according to the majority of fiqh scholars. According to Shafii school -based on the opinion frequently referred to Imam Shafii - it is common to know that marriage is mubaah. In this article, it was concluded that Imam Shafii did not think differently from the majority, but on the contrary, marriage can be considered sunnah/mandub in the sight of Shafii school. Therefore, it would not be wrong to say that in the state of i’tidal marriage is sunnah according to the majority of the almost all of the fuqaha. In addition, it should be kept in mind that the composition of the state of i’tidal shows some differences according to sects.

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