Temporary Alimony in Islamic Law:

Contributing to the Dialogue on Reforming Poverty (Permanent) Alimony in the Turkish Legal System

Hakime Reyyan Yasar

 

Abstract: This note delves into the involvement of Islamic law scholars in the ongoing dialogue concerning the reform of the post-divorce alimony provision (Article 175) within the Turkish Civil Code. Since the early 2000s, a debate has emerged surrounding the duration of spousal support following divorce. Central to this discussion is Article 175, which stipulates that "the party who will fall into poverty as a result of the dissolution of the marriage may request indefinite (süresiz) alimony." Under this provision, the party experiencing financial hardship due to divorce have the right to seek poverty alimony (yoksulluk nafakas?). However, as the duration of this alimony is not specified, courts are authorised to decide for the length, potentially resulting in lifelong support obligations in certain cases. Consequently, there have been calls to reform Article 175. This demand has catalysed a dialogue between proponents and opponents of the article, with Islamic law experts contributing to the discussion. This study investigates how Islamic law can serve as a complementary source for the secular Turkish Civil Code. Findings reveal that Islamic law scholars offer input by suggesting durations for alimony based on Islamic jurisprudence, asserting that Islamic law can be regarded as a kind of jus non scriptum law.