IDDAH IN SHAR’I TURKISH CIVIL LAW

Abstract

Islamic Law has given great importance to marriage and family life throughout history. As an institution where people will find peace, marriage is established by mutual agreement between the parties. For this reason, respect and harmony between spouses are very important in order to ensure the continuity of this institution. But with the loss of respect between spouses, the marriage is shaken to its foundations. Thus, the unpleasant consequences of divorce occur. The issue of divorce imposes some rights and responsibilities on the parties. One of them is the concept of iddah. Idda, which is also the subject of different legal systems, is known as a legal duty for both men and women.

In Islamic Law, iddah is defined as the length of time that a divorced woman should wait. In the Qur'an and Sunnah, provisions regarding iddah, which is one of the consequences of divorce, are stated. In this context, legal systems provide men and women with the opportunity to think by giving them a certain period of time. After this thought, an important period of time was given to the parties to regret this situation and return to marriage again. Otherwise, the obstacle to marrying someone else is removed.

Today, after the marriage is over, it is seen that the second marriage is done without continuing to wait for the iddah after it is medically proven whether the woman is pregnant or not. This is a religiously and legally unacceptable situation. Because the purpose of iddah is to protect the lineage and to give the necessary value to the human phenomenon.

In this study, the provisions of the Shari'ah and Turkish Civil Law regarding iddah, the content and scope of iddah for the parties are examined in detail. Every possibility regarding this issue has been considered and provisions have been made in this direction. In addition, it has once again revealed that the mutual responsibilities of the parties do not end with these provisions.