Faslü`l-Makal ve el-Keşf ışığında İbn Rüşd'de felsefe-din ilişkisi

Abstract

Alimony is judicially a concept arised from burden of sustenance and sometimes burden of aid of family members to each other. Alimony in our law system is divided as alimony of support and alimony of aid. Child support is a type of alimony of support. Child support is an alimony paid the other party that the parentship is not given upon divorce and judicial separation ör nullity of marriage ör acknovvledgement and court decision of the children born outside of marriage but has to contribute to the expense of raising children according to his/her financial capacity. Child support as concerned with legal order the judge gives a sentence about child support of its own motion although it is not requested. Child support is based on burden of sustenance of parents. Burden of sustenance does not depend on parentship but is based on relationship of filiation and contains sustenance and education expenses of child and in general continues until majority. Judge decides the amount of child support according to his/her discreation. Making a decision, judge should take into consideration the needs of the child and socio-economical conditions of the parents. After the final decision as the conditions changed, the case can be brought to increase ör decrease the amount of child support. Starting of the child support is taken as the date of conclusive in case of divorce ör judicial separation. If the child support is requested by a separate case, it is the date of request. The reason of conclusion are the death of child ör the obliged person; renonciation by the party that parentship is not given; and majority of child. Hovvever if the child study and his/her education conditions prevent him from vvorking, in case, the paying of child support can be continued117 until the conclusion of education. But if the child, completed the education before majority and starts vvorking, in case, burden of sustenance of the parent can be finished. At the süit of child support, competent and jurisdictional court is the Basic Civil Court vvhere the place is domicile of defendant. Non payment of child support is an offence of Law of Enforcement and Bankruptcy. Therefore its punishment of prisonment can not be suspended and transformed into fine. Unfortunately, amount of child support that determined by the court decisions is symbolic and insufficient to satisfy needs of child. With regard to socio-economical researches to determine amount of child support that done by poliçe not by experts are merely concerning socio-economical conditions of the parents but not reflect what individual conditions and position the child is in. On the other hand the judge is not giving a sentence about child support unless it is reguested although he/she has to decide on his/her own motion.