Abstract:

Marriage contract is an important contract in Islamic family law and in all of the monotheistic religions. Many rights, such as the rights of Allah, human, society, parent, husband and wife, children, and personality are included in this contract. Termination of marriage/divorce is an unwelcome behavior in terms of religious and moral as well as Muslim culture. According to Islamic family law, divorce is a legitimate right/authority given directly to the husband and indirectly to the wife as a solution by the Shari‘ when it becomes impossible for the husband and wife to continue their marital union. In Islamic family law, a marriage bond does not end only when the husband divorces his wife. There are varieties such as tafvizu’t-talaq, hul’/muhâlea and tefri hul’/muhalea and tafrik, where the woman can use her right to end the marriage. However, these rights of women should be taken out of theory, put into practice and regulations that can be applied in practice should be made. In case the marriage becomes intolerable for one or both parties and both parties terminate the marriage contract, there are permanent provisions for them according to Islamic family law. It should not be forgotten that marriage and separation concerns not only themselves but also those around them, especially if they have children. As a command of the Holy Qur’an, ending the marriage should be done beautifully without offending the parties. A husband or wife cannot use the legitimate power of divorce against the purpose of the Shari‘. Necessary arrangements have been made regarding the use of the right to terminate the marriage in Islamic family law and it has been tried to prevent its abuse.

Keywords: