İbn Kayyim el-Cevziyye’nin Öfkeli Şahsın Talâkı Hakkındaki Görüşleri ve Bunların Değerlendirilmesi
Year: 2023
Type: article
Abstract: This study investigates the issue of the talaq of the angry person. The is-sue is evaluated within the framework of Ibn Qayyim al-Jawziyya’s (d. 751/1350) views. The views of the sects are occasionally mentioned for comparison purposes. At this point, qualitative research method was used. The works of many scholars, especially those of Ibn Qayyim al-Jawziyya, were thematically reviewed. The continuation of marriage is important for the preservation of family unity. It is equally important to clarify the forms of divorce that lead to the breakdown of the family unit. Accordingly, the study is limited to the talaq of the angry person in the center of Ibn Qayyim al-Jawziyya’s views. Ibn al-Qayyim al-Jawziyya evaluated anger in divorce in three ways. In the first stage of anger, a person's anger is not very severe. The anger of a person at this level does not seriously affect his mental faculties. Therefore, the divorce of the angry person in the first stage is valid. In the second stage, when the anger intensifies significantly, the person’s mental faculties are weak. The divorce is invalid since the person’s will and intentions are not complete. In the third case, which can be considered between the first and second stages, the provision of the talaq is controversial, however, it should also be considered invalid.
Source: Mevzu – Sosyal Bilimler Dergisi
Author: Fatih Çinar
Institution: Osmaniye Korkut Ata University
Language: Turkish
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4386579544