The evaluation of the provisions regarding the transfer of the ownership in the sales contract in terms of the principle of unifying and separating the transactions of disposition and debt according to the Hanafi school

Legal systems have adopted different approaches to the transfer of ownership in the contract of sale. In the Continental legal environment, this issue has been dealt with within the framework of the legal order of unity and separation promissory transactions and transactions of disposal. In the fiqh literature, although there are certain limitations, it is considered sufficient to establish a contract of sale for the transfer of ownership, according to the common opinion and the delivery and acceptance of the subject of the contract is not stipulated in addition to the contract. However, when it is carefully examined, it is seen that the nature of the ownership transferred only by contract is not accepted at the same level as the ownership after delivery and acceptance. In this study, the transfer of ownership, which is expressed as the provision of the contract of sale (hukm al bay') and the nature of the ownership, depending on the acceptance after the contract is examined within the framework of the Hanafī school of law. The effect of the holder on the transfer of ownership, the situations that prevent the transfer of ownership and abolish the ownership are also discussed in the context of the provision of the contract of sale. The effect of acceptance on transfer of ownership, the situations that prevent the transfer of ownership and forfeiture of ownership are also discussed in the context of the provision of the contract of sale. It is aimed to determine the legal consequences of the contract of sale by making use of classical fürū al fiqh works, contemporary Islamic law works, and similar concepts and classifications in modern law. As a result of the study, it has been reached that the adoption of one of the principles of unity or separation in contract of sale directly affects the flexibility or rigidity of the conditions put forward for the transfer of ownership. From this point of view, it has been tried to determine the views of Hanafi jurists on this subject according to the principles that emerged in modern legal systems.