Master'sOpen Access

State intervention to the market in Islamic law

2020
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Advisor: Prof. Dr. Abdullah Çolak

Abstract (EN)

Islam is a religion that regulates social life in all aspects. The provision of order, of course, takes place with in the frame work of certain rules. These rules that provide the order of Islamic show us that they have a legal structure. These rules that regulate life in the Qur'an and Sunnah are stated about most issues. But there are some subject, since there may be different situations depending on the conditions of the time, no difinitive provision has been made by the sharia. There fore, this situation has created an environment where the jurists can express their opinions, according to the conditions and needs of the period -by making use of essential resources- it enabled solutions to be produced through case law. In this context one of the issues that cause idea discussions from time to time is the legal appropriateness of the state's intervention in the market. Islamic jurists have put forward different opinions about narh, which is expressed by the consept of price limitation (tes'îr) in the shopping contract, which is ona of the important parts of Islamic law. In our study, the views that the sects allied and disagreed with, among themselves and with other sectarian scholar and the appropriateness of the state's intervention in the market and the rationale for intervention in Islamic law were examined by making use of the relevant verses and hadiths. In the first part of our work consisting of two parts, the market issues with the influence of maslaha and consensual consepts are explained in the contracts and contracts. In the second part, the issure of state intervention in the market (narh/tes'îr) is explained and the views of the sect are stated. At the end of the second part, since the issure is also a current problem, the legal common points of the state's intervention in the market in terms of constituonal law and Islamic law were identified and transferred. Key Words: Price limitation, Maslaha, Consent, Market, Saleprice

Author

Celalettin Taşova

How to Cite

Celalettin Taşova (Master Thesis). State intervention to the market in Islamic law, 2020, Hitit University.

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