Evaluation of franchise contracts in Islamic law

Franchise agreements are contracts made to allow for the use of a brand, product, or service controlled by a company by another individual or organization. These agreements allow for the franchisee to establish and operate their own business with the financial support, training, and consulting services provided by the franchisor. This study aims to examine franchise agreements from the perspectives of Turkish Contracts Law and Islamic Contracts Law. In the first section, the general definition, history, implementation, and objectives, advantages and disadvantages of franchise agreements from the perspective of the parties are discussed. In the second section, the legal nature, characteristic features, comparison to similar contracts, elements, rights and obligations of the parties, and termination of the contract are discussed in regards to Turkish Contracts Law. In the third section, the topic is examined from the perspective of Islamic Contracts Law. In the conclusion of the thesis, the results of the evaluation of franchise agreements in Turkish Contracts Law and Islamic Contracts Law are presented. The research has found that franchise agreements are compliant with Islamic law as long as they do not violate basic Islamic criteria as a modern contract type. In general, it is understood that franchise agreements are based on the principles of selling rights and benefits, principles regarding customs and maslaha. Additionally, it is emphasized that there are some problematic aspects of franchise agreements that can lead to monopolies, but these issues must be addressed by the parties regulating the contract.