As it has always given importance to its protection and proper implementation, lineage represents the relationship between a person and his lineal ancestors. While Islamic law connected the maternal lineage to such a biologic fact which is birth, paternal lineage has been connected to some legal conditions such as being married with the mother or being a concubine of the father. In some cases, these limitations can prevent the establishment of an actual lineal relationship. On the other hand, lost or found child also can’t have a linael relationship as it is impossible to determine their actual parents. For all these conditions, acknowledgement of lineage institution has been accepted and thus, people can set their lineal relationship by their own declaration of intent. There are some conditions accepted to apply this institution which are both aim to prevent untrue results about lineage and to protect the public order by inhibiting the establishment of linage of the people who has already have one or who has born as a result of adultery. In this study, firstly the concept of lineage and the ways of establishing lineage in Islamic and Ottoman law has been examined and then the institution of acknowledgement of lineage has beed handled by its reasons, provisions, effects and consequences.
Alan : Hukuk
Dergi Türü : Ulusal
Benzer Makaleler | Yazar | # |
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Makale | Yazar | # |
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