The problem of legitimacy of TOKİ housing acquisition applications in terms of Islamic law

One of the most important needs of humanity is undoubtedly shelter. Especially in the last century, this need has been seriously felt with the effect of accelerated urbanization as a result of social and economic developments. This need has a social aspect as well as an individual aspect. It is an undeniable fact that housing is an important social problem that needs to be solved. In our country, the Housing Development Administration (TOKI) has been carrying out many activities within the framework of the duties assigned to it by law. The main subject of our study is TOKI's most common method of housing production, which is the housing acquisition practices for poor, low, narrow and middle-income citizens on the basis of price updates based on the rate of inflation or civil servant salary increases in the previous six months. In the first part of our study, which consists of three chapters, a general assessment of the housing need is made and TOKİ's role and contribution to this issue is tried to be determined. In the second part, the terms of the contract, price uncertainty, compensation for loss of value and maturity difference are analyzed, taking into account the fact that the sales contracts will have different provisions depending on whether the house is built or not. In the third part, TOKİ contracts are compared with other types of contracts such as the 'istisna' contract, financial leasing contract and mortgage loan. In our study, we concluded that TOKI housing purchase agreements have similar aspects with the sale contract, leasing contract and istisnâ' contract in Islamic law, but they are not a loan transaction like the mortgage application. Key Words: Islamic Law, TOKI, Housing Development, Contract of Sale, Istisnâ' Contract, Leasing, Mortgage.