The creation of truth in Islamic law in comparison with today's law

ISLAM IN COMPARISON WITH TODAY'S LAW REALIZATION OF RIGHTS IN LAW Rukiye METE Erzincan Binali Yıldırım University Graduate School of Social Sciences Master's Thesis, July 2025 Advisor: Assoc. Prof. Muhammed Fatih TURAN ABSTRACT Ihkak-ı hak is the effort of individuals to obtain the right they claim throughtheir own means without applying to the authorities. Such actions are generally prohibited by divine and human-based legal systems because they cause the authority to weaken and justice to be damaged. In case of a violation of fundamental rights, it has been adopted as a basic principle to apply to an official authority and to resolve disputes through law. The right to right was regulated as an independent crime type in the repealed Turkish Panel Code numbered 756. This action was considered unlawful in cases other than legitimate defense and necessity. In the current Turkish Penal Code nembered 5237, the right to right was not considered as a direct crime but as an element reguiring a reduction in the penalty in the case of collection of a receivable based on a legal relationship related tocrimes such as theft, fraud and plunder. In Islamic law, the general principle is that the right is obtained through theauthorized bodies of the state. However, in exceptional cases where the state authority is weakened and there is a possibility of losing the right, it is considered legitimate fort he person to obtain his/her own right. Key Words: State Authority, Law, Right, Right of Right