Abstract:
In Islamic legislation, the essence of the marital relationship is permanence and continuity, so timing is contradictory to that. In marriage with the intent of divorce, timing is present as an intention within the husband, but not mentioned in the marriage contract. So, what is the effect of the intention of timing on marriage validity? Also, is it possible to consider hiding intentions fraudulency and a defect of consent? What is the effect of maqasid al-shari'ah and the changes in our modern time on current fatwa? This research will put forward this new but old issue through answering these questions and studying the reasons that led to the disagreement of scientists regarding this issue, through that some theoretical aspects of Islamic jurisprudence will be shown. That is through four main headlines: Timing and the purpose of permanence in marriage, intentions and their effect on contracts, fraudulency by hiding intentions as one of the defects of consent, and the effect of surrounding circumstances in changing the fatwa. The conclusion of this research is that the difference of opinions of jurists on this issue is due to many reasons: Firstly, the presence of the intention of timing, the effect of intentions on the validity of contracts is controversial. Moreover, fraudulency by hiding intentions is considered a defect of consent. Lastly, the increasing role of magasid al-ahari'ah in changing fatwa according to the change in circumstances.
Description:
Bu yayın 06.11.1981 tarihli ve 17506 sayılı Resmî Gazete’de yayımlanan 2547 sayılı Yükseköğretim Kanunu’nun 4/c, 12/c, 42/c ve 42/d maddelerine dayalı 12/12/2019 tarih, 543 sayılı ve 05 numaralı Üniversite Senato Kararı ile hazırlanan Sakarya Üniversitesi Açık Bilim ve Açık Akademik Arşiv Yönergesi gereğince açık akademik arşiv sistemine açık erişim olarak yüklenmiştir.
