Neolocality from the Perspective of Islamic Law and Positive Turkish Family Law
KOCATEPE ISLAMI ILIMLER DERGISI, cilt.8, sa.2, ss.501-513, 2025 (ESCI, TRDizin)
- Yayın Türü: Makale / Tam Makale
- Cilt numarası: 8 Sayı: 2
- Basım Tarihi: 2025
- Doi Numarası: 10.52637/kiid.1732010
- Dergi Adı: KOCATEPE ISLAMI ILIMLER DERGISI
- Derginin Tarandığı İndeksler: Emerging Sources Citation Index (ESCI), Directory of Open Access Journals, TR DİZİN (ULAKBİM)
- Sayfa Sayıları: ss.501-513
- Atatürk Üniversitesi Adresli: Evet
Özet
This study examines the concept of neolocality, a notion rooted in sociology and anthropology, within the frameworks of Islamic law and positive Turkish law, focusing on the legal and socio-cultural dimensions of spouses' post-marital residential preferences. Neolocality refers to a residential arrangement in which the newly married couple establishes an independent household separate from both families. This model has become increasingly prevalent, particularly in the context of modernization, due to profound transformations in family structures and shifting perceptions of individual privacy. As a result, neolocality has emerged as both a necessity and a conscious choice for many couples. Within this context, the study aims to analyze legal approaches to neolocality through a comparative method, drawing on Islamic law and Turkish civil law. Although the term neolocality does not explicitly appear in Islamic legal sources, provisions developed in favor of womenparticularly those concerning the husband's obligation to provide housingindirectly support this form of residence. The right to housing, considered part of the wife's maintenance (nafaqa), refers to a dwelling that meets her social status, ensures her privacy, and provides both material and emotional security. Ottoman-era legal practices, including court decisions and fatwas, also reflect this understanding. In Turkish law, neolocality is indirectly protected through the regulations on marital residence found in the Turkish Civil Code No. 4721 and through judicial precedents. Specifically, court rulings concerning divorce based on abandonment have introduced criteria regarding the independence and suitability of the shared residence. This study examines neolocality not merely as a housing model but as a legal mechanism for the protection of individual rights within marriage, the construction of private space, and the redefinition of intra-family power dynamics. The comparative analysis concludes that neolocality is supported and safeguarded-both explicitly and implicitly-within the frameworks of Islamic law and positive Turkish law.