MARRIAGE OF THOSE WHO DO NOT HAVE THEIR AUTHORITY FOR MARRIAGE IN ISLAMIC LAW: PARENTAL CUSTODY IN MARRIAGE

Abstract

Author(s): Suat ERDOĞAN

This article is about the marriage of the people who do not have their own authority in marriage. The situation of custody in marriage and marrying the people who do not have their own authority in marriage is being examined in this study. The authority and responsibilities of the parents are discussed in the marriage of minors who have not reached the Rushd period and those who are not in good health. Controversies surrounding adult women's participation in marriage contracts are included. In addition to the views of fiqh schools, discussions of contemporary periods are included and the effects of the social and cultural structure of the community in the formation of the custody institution are evaluated. Within this scope, the approach and justification of the Enactment of Family Law, which was put into practice in the Ottoman period, is emphasized.

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