Master'sOpen Access

Right and responsibility connections in İslamic Law

2007
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Advisor: Prof. Dr. Nasi Aslan

Abstract (EN)

The aim of this study is taking up right and responsibility connections in Islamic law as public rights of private quality, public rights of general quality and responsibility arising from actions contradictory to law.In the research stage of this thesis, firstly, the position of right and responsibility concepts in Koran and Sonnet (Muslim practices and rules) had been studied to establish. The concepts from works of Islamic law and the chapters which take up the relation between them had been searched. According to the results of the questionnaire that was organized within this study, the origins of right, principles, as the importance of responsibility, differentiation in Allah and human rights had been emphasized. The definition of responsibility, origins and the elements of liability based on fault had been put forward. Later, it was studied about the relation between right and responsibility as context of personal public rights, political rights, social and economic rights.It is satisfied that the person may become wide (liberal) or narrow (limited) because of the condition he had lived in social and economic environments and he had got rights and responsibilities. It was seen that optimism is the best way for using the rights but also using the rights for bad ways aren?t kept, reason of they need responsibility in Islamic law.Islamic law takes precedence not only the person?s own favour rights but also firstly as his disadvantageous, the other?s advantage. For that reason it was convinced that Islamic law takes place between the law systems which take the responsibility precedence.Key Words: Islamic law, Right, Responsibility, Responsibility arising from actions contradictory to law (liability in torts) and Public rights.

Author

Menduh Kayıklık

How to Cite

Menduh Kayıklık (Master Thesis). Right and responsibility connections in İslamic Law, 2007, Çukurova University.

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