Abstract:

A marriage union, established between a man and a woman who are not prevented from getting married, in accordance with the conditions determined by religion and law, allows the spouses to join their lives in a legitimate way with the marriage contract, which is defined as marriage. In this study, the definition, conditions, and nature of marriage in Islamic law are emphasized and compared with the civil marriage performed in accordance with the Turkish Civil Code No. 4721. In the article, after the general acceptance that civil marriage will replace religious marriage, the differences of opinion in this context are given, since there is no consensus on the effect of divorce in front of the court on religious marriage. However, it has been seen that this issue is not handled as much as it should in the field of Basic Islamic Sciences, more fatwa is given via social media, and these explanations are mostly baseless and are made personal or community oriented. In the context of the aforementioned issues, in the study, the effects of court decisions and divorce on religious marriage in modern law are discussed.

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