Özet:

In the Turkish Civil Code, separation along with divorce has been accepted as an institution, and the spouse who has the right to file a divorce case is allowed to demand separation if he/she meets the conditions specified in the law, and the judge is also given the authority to decide on separation. The purpose of the separation decision, which is based on the Catholic Church Law in origin, is to prevent the dissolution of the marriage union and to re-establish the common life by ensuring that the spouses whose marriages are shaky due to incompatibility and conflict, live separately for a while, although the marriage bond between them continues legally. In this study, it has been tried to determine whether the separation decision is applicable in terms of the Islamic law. Within the scope of this study, firstly, after a brief introduction an entry to the decision to separate, the practices similar to the decision of separation in the Islamic law such as divorce with three talaq, conciliatory proceedings, and strength are emphasized, afterward, the applicability of the decision of separation in terms of the Islamic law is evaluated. As a result, apart from the fact that the application of the separation decision in the Turkish law did not have a very positive result, it has been evaluated that it is not applicable because there is no need for the separation decision in terms of the Islamic law, and it is not suitable for the divorce system in the Islamic law.

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