Özet:

Divorce is one of the reasons for the termination of a marriage. Although, at first glance, it is thought that divorce regards the parties who marry of their own free will, actually apart from the spouses it concerns children, other family members, and the whole society. In this regard, nowadays divorce is mostly possible based on certain grounds regulated in the law and with a decision of a judge. In Islamic law, marriage can also be terminated based on specific grounds and with a judge’s decision. Desertion is also one of the grounds that make divorce possible in this manner. Desertion, which takes place as one of the grounds for private, absolute, and fault-based divorce in Turkish law, has been accepted as one of the reasons for judicial divorce by Maliki and Hanbalis within Islamic law schools. This study aims to examine the treatment of divorce due to desertion in Islamic law within the framework of the conditions in Turkish law. Therefore, firstly, the nature and scope of desertion in Turkish law were dwelled on within the framework of the conditions regulated in the Turkish Civil Code, then the issue of divorce due to desertion in Islamic law was addressed with a similar method.

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