The Effect of Captvity on the Marriage Contract in Islamic Law
İSLAM AİLE HUKUKUNDA ESARETİN EVLİLİK AKDİNE ETKİSİ

Author : -Ercan ESER
Number of pages : 244-263

Abstract

The freedom of people is acknowledged as a principle in the Islamic Law. However in some cases, losing his freedom imposes limitaton on disposals. Disposals such as marriage, having fnancial and others are considered invalid. One of the factors that temporary brings limitaton to disposal of people is being enslaved in batles. Islam has done a lot of regulatons about the laws of war. It is observed that some rights of enslaved person such as fnancial rights and marriage law, even rights about worshipping are subject to a number of limitatons. The paper examines the limitatons regarding marriage during enslavement; especially it delves into the issue whether marriage will end or not when person is enslaved in the war.

Keywords

Slavery, marriage, war, divorce, Dar al-harb, Dar al-Islam

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