{"id":3179,"date":"2025-05-24T13:10:36","date_gmt":"2025-05-24T10:10:36","guid":{"rendered":"https:\/\/hikmetkapisi.com\/?p=3179"},"modified":"2025-05-24T13:10:36","modified_gmt":"2025-05-24T10:10:36","slug":"medeni-hukuk-ve-seriat-dusmanligi","status":"publish","type":"post","link":"https:\/\/hikmetkapisi.com\/en\/medeni-hukuk-ve-seriat-dusmanligi\/","title":{"rendered":"HOSTILITY TO CIVIL LAW AND SHARIA"},"content":{"rendered":"

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 Husnu Aktas<\/strong>\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0IN THE PAST days, the spokespeople of the official ideology; \u201c68th Anniversary of the Adoption of Civil Code\u201d <\/strong>\u00a0<\/em>They organized ceremonies to blaspheme the Islamic Sharia, using them as an excuse. When they were in a tight spot, \u201cWe are also Muslims\u201d<\/strong> <\/em>Those who do not neglect to say this and those who talk about the call to prayer and the Quran (!) in the squares have once again revealed their hostility towards Islam. Supposedly, women have no rights in Islamic Sharia. The man, who is the head of the family, can divorce his wife as he pleases, etc.<\/p>\n

It is impossible not to be amazed at how much they are in love with the laws they have transferred from the West through translation!.. Like Saxon slaves, \u201cto his divinity\u201d <\/em> <\/strong>They believe. But because of their hypocrisy, \u00a0"-We too<\/strong><\/em>"your style" <\/em><\/strong>They do not forget to say. Before giving the necessary answer to these\u00a0 \u201cRight and Law\u201d<\/strong>\u00a0 It is useful to dwell on the concepts.<\/p>\n

\u00a0WHAT IS THE SOURCE OF LAW?<\/strong><\/p>\n

Let us try to explain the source of law from the perspective of both Islamic jurisprudence and secular law. As it is known, the subject of jurisprudence is human rights. In fact, Imam-\u0131 Azam Abu Hanifa (rh.a) \u201cFiqh is the knowledge of the rights of a person in his favor and against him.\u201d<\/strong> <\/em>He described it as follows. People are on earth; because they have taken on the trust, \u201cThe caliph of Allah Almighty\u201d<\/strong> <\/em> (1) Trust brings with it both duties and rights, and enables a person to have rights that are in his favor and against him.\u00a0 "Driving licence"<\/strong> It has been said that the proposals of Allah Almighty (swt) are based on this capacity.(2) Now let us seek the answer to this question: \u201c-What is the criterion for determining human rights and who will determine them?\u201d<\/strong><\/em><\/p>\n

\u00a0\u00a0 <\/em> In Islamic jurisprudence, the only absolute judge and proposer is Allah Almighty. The addressee of the proposal is man. \u201cConfirming and acknowledging the word of testimony\u201d <\/em><\/strong>This is its essence. It is not possible to submit to Allah Almighty (swt) without rejecting the gods. Therefore, the determination and fixing of human rights (in terms of legislation) is done with definitive texts and cannot be changed by anyone. Usul scholars: "- In the Sharia, what exists in every respect and in a certain nature is called truth."<\/strong> (3) is based on the definition.<\/p>\n

Ibn Abidin: \u201cThe word \u201claw\u201d is the plural form of the word \u201cright\u201d. In the dictionary, \u201cright\u201d is the opposite of \u201cfalsehood\u201d. It means \u201cwhat exists\u201d.\u00a0 <\/strong><\/em>(4) <\/strong>He points out this subtlety by saying, "Since there are definite texts, the rights of people in favor of and against them cannot be cancelled or changed."<\/p>\n

In the political regime based on official ideology and secularism; "-person<\/em><\/strong>\u201cThere is no truth that transcends man, other than<\/strong> <\/em>Since the principle is taken as a basis, it is the people in power who determine human rights. Some secular circles defend the recognition of adultery and adultery as human rights and their release. In fact, the Council of State has declared with its latest decision that adultery is not a shameful crime (!). It is also known that the state encourages (by producing it itself) the consumption of beverages that temporarily cancel human reason, especially wine. It is possible to list hundreds of issues like this, Islamic scholars \u00a0<\/em>“-<\/strong><\/em>Politics that are against human rights and become a source of discord and corruption are called cruel politics. When this is forbidden,\u00a0 <\/strong> there is no doubt"<\/strong> <\/em>\u00a0They drew attention to another dimension of the issue by saying. After this introduction, we can move on to the answer we will give to the slanderers in terms of the social system and family law.<\/p>\n

SOCIAL SYSTEM AND FAMILY LAW <\/strong><\/p>\n

It is essential that people base their behavior and their relationships with each other within society on a legitimate basis. Every state or society has a social system. We can describe the social system as follows: \u201cA social system is a chain of relationships that two or more people establish directly or indirectly, that continue over time and have certain boundaries.\u201d<\/strong>(5)<\/sup><\/p>\n

The basis of Islamic family law is belief in Allah Almighty and efforts to prepare for the Day of Judgement. Marriage is also a transaction based on faith. People who get married believe that believers are guardians of each other.<\/strong> <\/em>If something they do not like about each other occurs, they are patient and try to see the good aspects with the intention of gaining the consent of Allah Almighty (swt). In fact, in the Quran, addressing the heads of families:With 0n <\/em><\/strong>(with your ladies) with the known face<\/em><\/strong>If you dislike them, it may be that you dislike something and Allah has placed much good in it. (6)<\/strong> <\/em>He has declared the ruling. The meaning of \u201cBehave with them (your wives) in a good manner\u201d here is that he considers it as an obligation to be fair and generous in terms of maintenance, not to neglect any good deeds, to be cheerful in speech and conversation, and to meticulously comply with the law.\u00a0 \u201cIt may be that a<\/strong>You may not like something, but Allah has placed much good in it.\u201d<\/strong> While explaining the ruling, they said, \u201cHe provides you with sustenance by giving you a righteous child from that woman or He grants you some qualities that you like. Taking these matters into consideration, do not destroy the limits of the religious law. Ignore the faults that can be forgiven.\u201d (7)<\/p>\n

It is certain that no servant is without fault. The duty of the head of the family is to try to solve problems with composure, patience and gentleness. The Messenger of Allah (pbuh) \u201cKad<\/em><\/strong>Fear Allah (swt) regarding them, for you have received them as a trust from Allah (swt). (8) <\/strong>\u00a0<\/em>No Muslim can ignore the warning in the hadith: \u00a0\u201cThe trust of Allah Almighty\u201d <\/strong>\u00a0<\/em>It has been described as. A woman is a being that should not be deficient in respect and reverence. As a matter of fact,\u00a0 Alauddin El Haskafi,<\/strong> \u201cDurri'l Mukhtar\u201d<\/strong> In his work titled Jihad, he says: \u00a0“-Koran-<\/em><\/strong>It is forbidden to go out to jihad with things that are obligatory to be respected and forbidden to be despised, such as the Holy Quran, Hadith books, jurisprudence books and women.\u00a0 <\/em><\/strong>He drew attention to the situation of women by saying:<\/p>\n

Spokespeople of the official ideology \u201cWomen\u2019s Rights\u201d(!)<\/strong> <\/em>They should not even mention the subject. We do not need to remind them that they have officially opened brothels and are collecting taxes from prostitution.<\/p>\n

FALSE SHARIAH IS BASED ON LIES <\/strong><\/p>\n

Now the spokesmen of the official ideology have been exploiting for years\u00a0\u00a0 \u201cDivorce Law\u201d<\/strong>\u00a0 Let's come to this. Islam has not given men the right to divorce at their own will. This is a clear slander. As for the reason: Exaggerating minor issues within the family and creating unnecessary arguments is not something a person who thinks about the Day of Judgement can do. Let's say there is a disagreement within the family!.. In case of disagreement, it is clearly stated in the texts how the head of the family should behave. Let's explain these in items.<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 FIRST:<\/strong> <\/em> IT IS NECESSARY TO GIVE ADVICE AND TAKE PRECAUTIONS.<\/strong><\/p>\n

In the Holy Quran; “<\/em><\/strong>You are weary of their evil and rebelliousness. <\/em>(Tired of) As for women: Advice them first. <\/em>(If they don't give up,) Leave them alone in their beds. <\/em>(If they still don't give up) beat you. But you <\/em>(in the known) If they obey, I will not seek a way against them.<\/em><\/strong>"your" (9) <\/strong>\u00a0<\/em>The ruling has been declared. Islamic scholars; "In case of a disagreement within the family; the rules of etiquette that the husband must comply with are explained in this verse.\u00a0 \u201cNu\u015f\u00fbz\u201d<\/strong> The literal meaning of the word\u00a0 \u201cHump, sharpness\u201d<\/strong>In the verse, the woman says to her husband; \u00a0<\/em>"This<\/strong>"To act with anger and hatred, to rebel"<\/strong> <\/em>It is used in the sense of. In such cases, the husband is ordered to first give advice and tell the woman about her mistakes in an appropriate language. If the advice does not help; he should get angry and leave his wife alone in bed for no more than three days. In this way, the woman understands the gravity of the situation and that a step is being taken towards divorce. The cessation of conversation and sexual intercourse is a warning for the woman. If all these do not produce results; she can be beaten, provided that it is not on the head and it is light. This situation is a clearer warning.\u201d If you pay attention; the addressee of the measures to be taken to keep the family together is the man. \u00a0<\/em>\u201cBut if they obey you, do not seek a way against them.<\/strong>"your."<\/strong> <\/em>The command; if they give up their rebellion and obey after you have advised them or left them alone in their beds or lightly beat them, do not try to take revenge. Because advice and other measures are made legitimate for the continuation of family life, the feeling of revenge is not in accordance with wisdom.<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0LATTER:<\/strong>\u00a0 <\/strong>\u00a0<\/em>A REFEREE MUST BE APPOINTED <\/strong><\/p>\n

If the continuation of family life is in danger despite all precautions, close relatives and believers have an important duty. Essentially, those who are aware of the conflict; \u201cHe recommended truth and patience\u201d<\/strong> It is an obligation. Any contrary action is considered as a great calamity. As a matter of fact, the Messenger of Allah (pbuh) said; \u201cHe who corrupts a woman against her husband and incites her to rebellion is not one of us.\u201d<\/strong>\u00a0 <\/em> (10)\u00a0 <\/strong>The blessed determination is very important. If the man, who is the head of the family, cannot resolve the conflict despite all the measures, \u201cGoing to the referee\u201d <\/em> <\/strong>should offer. In the Holy Quran; \u201c(If husband and wife)<\/strong> If you fear that there will be a rift between them, then send them an arbiter from his family and an arbiter from her family. If they desire reconciliation, Allah will make peace between them. <\/em> <\/strong> (Them) <\/strong> He makes peace possible. Surely Allah is All-Knowing. <\/strong><\/em> \u00a0(From the essence of everything) is aware<\/em>” (11) <\/strong> The verdict has been declared.<\/p>\n

\u00a0\u00a0\u00a0\u00a0 Commentators; <\/strong>They mentioned the following ruling: \u201cWhen a husband and wife\u2019s dispute grows and they start tormenting each other, all believers are responsible for resolving this dispute. The reason why close relatives are specifically mentioned in the verse is because they will know the reasons for the dispute and the characters of the parties more closely. The referees must definitely be just, experienced and knowledgeable. If there are no relatives with these qualities, two just and knowledgeable people can be sent (as referees).\u201d (12) Imam Shafi'i<\/strong> (rha) mentioned in the verse \u201cSend\u201d<\/strong> based on your order; \u201cIn case of dispute, it is obligatory to send an arbitrator\u201d<\/strong> <\/em> He said. Because sending an arbitrator to resolve the disagreement between husband and wife means eliminating oppression. This is also the duty of Islamic administrators (Governor, Judge, Referee etc.<\/strong>) is one of the general obligations that fall upon one. (13) In the sight of Allah, it is essential to resort to all necessary means in order to prevent divorce, which is the most unpleasant of the permissible things. If a result cannot be obtained, a solution must be found that will not harm the parties.<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 THIRD<\/strong>:\u00a0\u00a0 <\/em> ENDING A MARRIAGE IN ACCORDANCE WITH SUNNAH<\/strong><\/p>\n

In some cases, despite all precautions and efforts, it may not be possible to resolve the conflict within the family. After explaining the importance of marriage and its worldly and otherworldly benefits, Imam-i Merginani said:The reason why divorce is made permissible is the need to be saved from calamity. <\/strong>\u201c(14) is mentioned as a provision. Family Life<\/em><\/strong>If the continuation of the marriage will cause both worldly and otherworldly calamities for the parties, divorce is on the agenda. <\/em><\/strong>The permissibility of divorce is established by the Book, Sunnah and Ijma. In the Holy Quran \u201cO Prophet! When you want to divorce women, <\/em>(From menstrual states) "Divorce them at the appropriate time for purification"\u00a0 <\/em> (15) <\/strong>The ruling has been declared. Again, in another verse of the Quran: "Divorce is twofold. After that, either divorce the women with kindness or <\/em> (<\/strong>in wedlock) "There is either keeping her or releasing her in a nice way (by divorce)" (16) <\/em><\/strong>It has been commanded.<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>As it is known, the Messenger of Allah (pbuh) divorced his wife, Hazrat Hafsa (r.anha).(17) In Durr al-Mukhtar: \u201cIt is even recommended to divorce a woman who causes trouble and abandons prayer.\u201d <\/em><\/strong>The provision is recorded. Ibn Abidin <\/strong>While explaining this text, he mentions the following: "The word 'a woman who harms' has been left out as absolute. Therefore, it includes those who harm themselves, those who harm others, and those who harm with their actions. Or 'a woman who abandons prayer' <\/strong>It is understood that abandoning obligations other than prayer is like prayer.\u201d(18) <\/strong>The scholars have explained the legitimate reasons for divorce as follows: \u201cThe spouses hating each other, not being able to fulfill their duties due to sexual impotence, committing prostitution, severe discord and insisting on abandoning the strict orders of Allah Almighty (swt) despite all warnings.\u201d (19)<\/p>\n

When we take all of this into consideration, the conclusion we will reach is this: The spokespeople of the official ideology are lying on this issue as they are on every issue. Their hearts have been sealed because of their hatred and grudge against Islam.<\/p>\n

We have two suggestions for those who organize a smear campaign to defend their false sharia (laws they have translated from the West):<\/p>\n

First: You don't need to hide behind the political regime and make speeches here and there. \u00a0<\/em>\u201cIf you see the family law brought by Islamic Sharia as anachronistic\u201d <\/strong>\u00a0<\/em>and (in a definite statement) \u201c-We<\/em><\/strong> m<\/em><\/strong>"We are not Muslims" <\/em>You should be able to say.\u00a0\u00a0 <\/strong>You will find Islamic family law inadequate and at the same time you will be a Muslim. This is a double standard.<\/p>\n

\u00a0\u00a0 <\/strong> As for the second proposal: We believe that Islamic family law provides women with material rights, especially dowry and alimony, and moral rights regarding the protection of their dignity. Switzerland'<\/strong>68 years ago, you received it through translation \u201cCivil Law\u201d <\/strong>We argue that it is destroying women's rights. We are ready to debate wherever you want and under equal conditions.<\/p>\n

Your social system, which you claim to have established based on secular law, has literally gone bankrupt. It is clear as day that you cannot protect people's lives, property, offspring, minds and religious security. By destroying the brotherhood that Islam brings, \u201cTurkish-Kurdish conflict\u201d<\/strong> <\/em>as you have initiated, by usurping women's rights "Feminism" <\/em><\/strong>You brought up the ideology of this issue. This is the essence of the matter.<\/p>\n

(1) Surah Al-Baqarah: 30 and Surah Al-An'am: 165.<\/p>\n

(2) \u0130mam-\u0131 Serahsi- Temhid\u00fb'l Fusul fi Ern\u00fb'l Us\u00fbl- Beirut: 1393 C: 2 Sh: 332.<\/p>\n

(3) Imam Abdulaziz Al Bukhari-Kashfa'l Esrar- Istanbul: 1308 . Vol: 4 Page: 134.<\/p>\n

(4) \u0130bn-i Abidin- Redd\u00fc'l Mukhtar Ale'd D\u00fcrri'l Mukhtar- \u0130st: 1984 C: 11 Sh: 164.<\/p>\n

(5) Yusuf Kerimo\u011flu- The Nature of the Islamic Movement- Ank: 1991 Page: 192.<\/p>\n

(6) Surah An-Nisa: 19<\/p>\n

(7) Imam-i Qurtubi Al-Mosque li Ahkami'l Qur'an-Cairo: 1967 Vol: 5, Page: 98 Also Mecmuatu't Tefasir<\/p>\n

Istanbul: 1979 Vol:2 Page:38-39.<\/p>\n

(8) Sunan Abu Dawud Istanbul:1401 Vol:2 Sh:455 et seq. Hadith No:1905.<\/p>\n

(9) Surah An-Nisa: 34<\/p>\n

(10) Imam Ahmad b. Hanbal Al Musnad Istanbul: 1401 C:2 Page:397.<\/p>\n

(11) Surah An-Nisa: 35.<\/p>\n

(12) Imam-i Qurtubi, age V:5, page:175, also Mecmuatu't Tefasir V:2, page:64<\/p>\n

(13) Muhammad Ali Sabuni Ahkam Tefsiri Istanbul: 1984 Vol: I Page: 404.<\/p>\n

(14) Imam-i Marginani, Al-Hidayah, Sharhu Bidayat al-Mubtadi, Cairo:1965 Vol. No:227.<\/p>\n

(15) Surah At-Talaq: 1<\/p>\n

(16) Surah Al-Baqarah: 229.<\/p>\n

(17) Sunan Darimi Istanbul: 1401 Vol. Sh: 556-447 K.Talaq: 2, Also Sunan Nasai, Sunan Abu Dawud,<\/p>\n

Sunan Ibn Majah.<\/p>\n

(18) \u0130bn-i Abidin Redd\u00fc'l Muhtar Ale'd D\u00fcrri'l Muhtar \u0130st: 1983 C:6Sh:147 et al.<\/p>\n

(19) For detailed information, Ibn-i Humam Feth\u00fb'l Kadir Beirut: 1316 C:3 Sh:21 ff.<\/p>\n

(Misak Magazine, Issue: 40, pp: 15-19)\u00a0\u00a0\u00a0<\/strong><\/p>","protected":false},"excerpt":{"rendered":"

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 H\u00fcsn\u00fc\u00a0 Akta\u015f\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0GE\u00c7Tl\u011e\u0130MlZ g\u00fcnlerde resmi ideolojinin […]<\/p>","protected":false},"author":1,"featured_media":3180,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[452,485],"tags":[],"class_list":["post-3179","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-fikih","category-islami-arastirmalar"],"_links":{"self":[{"href":"https:\/\/hikmetkapisi.com\/en\/wp-json\/wp\/v2\/posts\/3179","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hikmetkapisi.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hikmetkapisi.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hikmetkapisi.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/hikmetkapisi.com\/en\/wp-json\/wp\/v2\/comments?post=3179"}],"version-history":[{"count":0,"href":"https:\/\/hikmetkapisi.com\/en\/wp-json\/wp\/v2\/posts\/3179\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/hikmetkapisi.com\/en\/wp-json\/wp\/v2\/media\/3180"}],"wp:attachment":[{"href":"https:\/\/hikmetkapisi.com\/en\/wp-json\/wp\/v2\/media?parent=3179"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hikmetkapisi.com\/en\/wp-json\/wp\/v2\/categories?post=3179"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hikmetkapisi.com\/en\/wp-json\/wp\/v2\/tags?post=3179"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}