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The relevance of MEHRR's TOOZITIF perspective on a new perspective

article

<oai:doaj.org/article:31fe1bccadce48a0a55894afbb846337>
Disciplines
KeywordsTriple Keywords
Laws (Statutes)
Legislative acts
Enactments, Legislative
Legislative enactments
Acts, Legislative
Law
Concepts
Concept formation
Subject (Philosophy)
Property--Law and legislation
Property
Courts--Law and legislation
Courts
Judiciary
Number concept
Equality
Egalitarianism
Inequality
Social equality
Social inequality
Injustice
Justice

Abstract

Mehir Islam-As-Assian law is a derived concept. Therefore, the subject matter of the mehrina, the upper and lower limit, the mehr-e-e muaccel, mehr-i resil and mehr-e-may, and mehr-e-may, gain meaning within the unique system of Islamic family law. In the Turkish doctrine of positive law, the legal nature of the property was described as 'failing of donation' and 'deal on compensation from the outcomes of divorce'. The Court of Cassation considers the sum of the sum as a 'donation' by the 1959 Declaration of Procedure. This way of settlement of the dome increases the number of disputes between spouses after divorce, while harming the sense of equality between spouses in the Turkish Civil Law on the other. On the other hand, this method of solution does not comply with Islamic law, which is the institution's origin. The disputes concluded by the Court of Cassation under the term 'magic' may not be 'magic' according to Islamic law. In our opinion, in each legal system, family law is one by means of establishing justice between spouses. Therefore, the 'social reception' of the wage should be taken into account, but the establishment should be deemed to be a non-compliance in "positive law", so we think the ideal solution is to make the establishment into a "family wallet and religious ceremony" paragraph to be added to Article 143 of the Court. Such an arrangement does not harm the equilibrium established in Turkish family law on the basis of equality between spouses; it reduces the number of discrepancies between husband and wife and does not constitute a violation of Islamic law by directing their practices by 'mehr-e-convention'.

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