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The obligatory commandment between Islamic law and Turkish law "a comparative study"

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2023
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Abstract (EN)

Türk Medeni Kanun No. 4721. m. Verbal testament, which is a form of testamentary disposition, which was issued between 539 and 541; It is a way that the legator, who is in extraordinary situations, can apply to prevent the issuance of handwritten and oral wills. A testamentary disposition is a type of legal action that allows a person to determine what will happen to his assets after his death. The most important feature that distinguishes the oral will from the handwritten and official forms of will is that only those who are deprived of the opportunity to make a will in both types can apply. Even this feature of the oral will alone explains its importance. Because in this way, the legislator gives the person who lives his last moments the opportunity to determine the fate of his inheritance, even under extraordinary circumstances, and shows the value he gives to his desires. In our study, the definition of the will, its types and the form of the parties to the will in order to be a valid will are compared within the framework of Turkish civil law and Islamic law. As a result of the study, it was concluded that the subject of testament in civil law and Islamic law also has parallels from place to place.

Author

Jamal Ibrahım Khamees

How to Cite

Jamal Ibrahım Khamees (Master Thesis). The obligatory commandment between Islamic law and Turkish law "a comparative study", 2023, Ankara University.

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