MÜFTÜLÜKLERE RESMÎ NİKÂH KIYMA YETKİSİNİN VERİLMESİ VE İSLAM HUKUKU AÇISINDAN UYGULAMADA KARŞILAŞILABİLECEK MUHTEMEL PROBLEMLER.

From Islamic perspective, the marriage contracts with worldly and otherworldly dimensions produce legitimate offspring and have a valuable place in public opinion, and therefore despite being non-mandatory, those who had command of religious and legal provisions were authorized for solemnization as usual. In Islamic history, the marital agreements had been documented since four caliphate period. And also, in Ottomans marriage has been made under the state supervision and written document was stipulated by the judges (kadi) or with their approval. Within the historic process, this practice had been mainstreamed and maintained, and the marital registration was mandated by the Family Law Decree of the Ottoman State. Later, in 1926 the municipal record was conditioned for getting married following the adaptation of Swiss Civic Code, and hence the official authority of imam marriage was terminated. After this prohibitional law, apart from the civil marriage, Muslims might have committed an additional ceremony, that's, imam marriage. Naturally, this may cause a dilemma. From now on, the law enacted will equip the muftis with the solemnization authority and eradicate this chaos. This warrant is a pertinent and fair decision. Besides, the muftis will solemnize the civil marriage in compliance with the civil law in force. For contracting marriage, there may occur some contradictory issues between the current civil code and the İslamic jurisprudence. In this context, a marriage contract solemnized by muftis or the ones authorized by them cannot be religiously deficient, but unfortunately in Islamic law, namely it is potential to face some illicit situations according to Islamic practices because the contract will be duly compliant with the current legal marital provisions. In this paper, we will discuss some issues and potential solutions in practice regarding the legislation to designate muftis with the authority to solemnize civil marriage, in accordance with Islamic Law. [ABSTRACT FROM AUTHOR]