45-1 HOW HAS ISLAM BEEN CORRUPTED?

 45-1 HOW HAS ISLAM BEEN CORRUPTED?

The late Prof. Dr. Yaşar Nuri Öztürk writes the SADDENING ADVENTURE of how our TRUE religion ISLAM has been corrupted and distanced from its original beauty and purity in his book titled “HOW HAS ISLAM BEEN CORRUPTED?”.

I have been posting this valuable book of the late Hodja in my PUBLIC OPINION ENLIGHTENMENT BLOG, in chapters, hoping that those who read it / will read it will benefit from it.

Today, I am sharing the chapter where it is explained how the subject of “MARRIAGE CONTRACT” was taken out of its original context and MISCONDITIONED, and present it to you for your good benefit.

Cordially,

Abdullah Erdemli

Luzen - Swiitzerland

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HOW HAS ISLAM BEEN CORRUPTED?

THE MARRIAGE CONTRACT

DIVERSIONS regarding the marriage contract stem from perceiving the marriage as an ACT of WORSHIP rather than a contract.

Despite carrying a lot of distortions outside the Quran, the traditional islamic fiqh (jurisprudence), with a correct approach, considers the marriage process not within acts of worship but within contracts.

Of course, there will be and is a spiritual-moral spirit of a concept and institution such as marriage, which aims to establish a family and ensure the continuation of the generations.

For this reason, marriage has always been considered as a religious ceremony almost everywhere in the world and has usually been performed in temples.

However, this fact cannot be used as a justification for changing the marriage from a legal transaction to a form of worship.

Marriage is ultimately a legal transaction, a contract.

As a necessary consequence of this:

1. Marriage, like all other contracts, is formed by the mutual consent of the parties (those who will marry).

The authority to declare consent (disposition authority) is provided in other contracts and the same conditions and methods apply to marriage as it is in other contracts. 

This means that the validity of the marriage contract is determined by the public authority, not the clergy or spiritual leaders. 

The public authority may authorize someone with a religious identity to register the marriage contract. 

For example, the mufti or imam may be authorized to perform the marriage or register the marriage. 

Even in this case, the transaction is not a religious transaction, but a legal transaction. 

2. There is no religious or non-religious (religiously valid or not) marriage: 

The distinction between "religious marriage and civil marriage" that is still used in our country TURKEY is WRONG both scientifically and religiously. 

This is WRONG because it is exploited by those ; 

-  who trade in religion,

- who use religion against the country and its regime,

- who purposefuly allege and declare that marriages performed by state officials (municipality, consulate, etc.) are invalid in terms of religion,

- who purposefuly allege and declare that those who do not have a second marriage performed by religious officials commit ADULTERY,

- who purposefuly allege and declare that children born from this marriage cannot be considered valid (legally valid) and

- who purposefuly spread such lies among the public.

In summary:

Marriage is a contract, like all other contracts, the conditions for its creation and termination are regulated by the public authority.

The marriage is valid if it is performed by the person who the public authority has authorized to perform the marriage and register it.

A marriage that is not registered cannot make the rights of the parties, especially women, defendable.

In that case, such a marriage (IMAM MARRIAGE, as commonly referred to in Turkey, that is, a marriage act executed by an imam…!) can only be a mut'a marriage (a temporary marriage for the primary purpose of sexual joy) in Shiite fiqh (jurisprudence) when viewed from a religious perspective. 

If a Muslim has an understanding that accepts mut'a marriage (a temporary marriage for the primary purpose of sexual joy) and will accept the official and unofficial consequences that such a temporary marriage will create, this is something that he or she can know. 

From a jurisprudential perspective, there is no need for a second marriage under the name of "RELIGIOUS MARRIAGE-IMAM MARRIAGE". 

The moment the marriage contract is registered by a person authorized by the state, the job is finished. 

There is no question of Islam demanding a second marriage after this. 

Neither the identity nor the profession nor even the religion-faith of the person performing the marriage makes any difference. 

What is important is to register a marriage that will guarantee the rights of the parties and make the lineage of the children to be born valid. 

In other words, the marriage that Islam wants is this so-called "official - civil" marriage. 

If the so-called "religious" marriage also means officialdom, then there is no problem, it is also valid. 

Otherwise, a marriage that is not officially registered cannot be considered valid in terms of Islam. 

Because it does not allow the "legislative wisdom" of the marriage to emerge. 

Here, in order to prevent the exploitation of religion and save our people from chaos, we suggest the following to the legislator: 

Allow religious officials, especially muftis, to perform and register marriages. 

If you do this, approaches that confuse people's minds and create conflicts by using (EXPLOITING) religion will be ineffective. 

While the majority of municipal officials who are middle school or high school graduates and mukhtars (officially elected neighbourhood representatives) who are mostly elementary school graduates have the right to perform and register marriages, why are muftis and imams, who are almost all university graduates, not allowed to perform and register marriages?