The Main Purpose of Marriage Contract and its Effect on the Validity of It


YARGI M. A.

DINBILIMLERI AKADEMIK ARASTIRMA DERGISI-JOURNAL OF ACADEMIC RESEARCH IN RELIGIOUS SCIENCES, vol.20, no.2, pp.605-650, 2020 (Journal Indexed in ESCI) identifier

  • Publication Type: Article / Article
  • Volume: 20 Issue: 2
  • Publication Date: 2020
  • Doi Number: 10.33415/daad.722857
  • Title of Journal : DINBILIMLERI AKADEMIK ARASTIRMA DERGISI-JOURNAL OF ACADEMIC RESEARCH IN RELIGIOUS SCIENCES
  • Page Numbers: pp.605-650

Abstract

Some forms of marriage today are the subject of controversy and discussed from Islamic legal point of view. It is understood from these discussions that there is an unnecessary prohibitive trend claiming that there is a contradict the purpose of the marriage in them. This study has been carried out considering that the issue needs to be reconsidered on a methodological basis. In this study, the purposes of the marriage contract were generally pointed out, which of them was tried to be determined as the main purpose, and then the effect of the situations that were found to be contrary to the main purpose on the validity of the marriage contract was discussed. In this context, the effects of attitudes that conflict with the fact that woman is halal for man, intercourse with the spouses, and the continuity of the generation were examined.