Risk theory on İslam Debts Law and risk contracts

The purpose of this thesis is to subject the alleged approaches relat ed to hazardous contracts in classical and modern periods to evaluation by revealing it with their evidence. In this sense, under the title of hazardous contracts in the classical period it was dealt with decided contracts, bail, gambling and betting, umrâ and rukbâ contracts; also, it was tried to present their evaluations related to nas and reflections in the communions. It was dealt with the approaches about hazard and hazardous contracts in modern period and tried to mentioned their causes. It was investigated whether there were hazardous contracts during Muhammed's period and the era of classical fiqh schools, and the concept of hazard was elaborated. Morover, the concept of hazard was examined in terms of Islamic ecomony and finance; the subjects of sukûk and foreks were dealt with, and also, essential principles and concepts about these contracts were detected. Methodologically, the relation of hazardous contracts with garar and daman was studied. Further, today under the title of hazardous contracts, insurance, lifelong support agreement and life annuity contract were analysed; they were evaluated in terms of modern law; their reflections through Islamic law were demonstrated. As a result, all the hazardous contracts need to be examined by presenting their features and hazardous aspects. To authorize some hazardous contracts which were detected in verses and hadiths, novel contracts need to be evaluated through comparison in the context of makasıdü'ş-şeria. Therefore, all the hazardous contracts need to be not evaluated in the same way; we consider that it needs to get a conclusion by taking Islam's legislation and goals into consideration and evaluating them individually.