Claim cases in Islamic law
2024
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Advisor: Doç. Dr. Mustafa Hayta
Abstract (EN)
People are born with certain fundamental rights and over time additional ones become available to them, such as life, immunity, freedom of religion and conscience, work freedom, thought freedom and expression freedom - among many others. One such right is ownership which provides immense authority to its owner. The right to ownership is the entitlement that grants someone to use, dispose of and derive benefits from property acquired throughout their lives. This right includes both immovable and movable items as well as all parts and accessories associated with those assets accumulated throughout life - giving this concept great significance both socially and religiously. To protect this right that individuals possess, there are various laws and rules, one being claim cases which aim to protect the right of ownership and recover properties wrongfully held by others. Today's legal system provides plenty of information regarding claims; however there is limited Turkish data regarding their place within Islamic Law compared with contemporary legislation; so this topic was chosen as our thesis topic to explore these differences between them both. At the conclusion of our research, similarity was discovered between Islamic law provisions on claims and those found in modern law. While in modern law only attachment or inheritance procedures can file claim cases, Islamic law allows claim cases for practically every title associated with property transactions that falls under its purview.
Author
Dr. Elif Aybüke Yeşilyurt
Institution
How to Cite
Elif Aybüke Yeşilyurt (Master Thesis). Claim cases in Islamic law, 2024, Çukurova University.
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