Within the financial obligations of a obligated person, there exist the task for earning
a livelihood for the individuals of the elementary family who are spouse and children,
and the person is rich, the task for providing financial support for the relatives who are
in need. This is not considered only as a moral duty but also a legal obligation which is
binding in both Islamic Law and Turkish Civil Law. The part of this obligation which is
called as maintenance in about being liable for the adult relative, apart from the spouses
and children are examined by comparing both legal systems in this study.
It is seen that the maintenance obligation for the relative is extended for the collateral
kin as well as the upper and bottom lineages in both legal systems; and these two groups
of relatives are subject to various evaluations in terms of provisions regarding the requirements
and maintenance to obtain the right for maintenance. On the other hand, since
paternity is considered to be created by legitimate birth which is experienced under only
marriage according to Islamic Law, maintenance law can be a matter between the kins
and the person who is liable for maintenance only in this way. This point constitutes the
fundamental distinction between Islamic Law and Turkish Civil Law which accepts that
kinship and maintenance obligation can be created by adopting child/children and illegitimate
child/children in terms of maintenance.
Islamic law Turkish civil law alimony support alimony adult relative ascendants descendants collateral kins
İslâm hukuku Türk medeni hukuku nafaka yardım nafakası ergin akraba üstsoy altsoy civar hısımlar
Birincil Dil | Türkçe |
---|---|
Bölüm | Araştırmalar ve İncelemeler |
Yazarlar | |
Yayımlanma Tarihi | 26 Haziran 2019 |
Kabul Tarihi | 26 Nisan 2019 |
Yayımlandığı Sayı | Yıl 2019 Sayı: 13 |