The evaluation of the general transaction conditions in the Turkish Law of Obligations in terms of Islamic obligations law

Contracts, which are an integral part of social life, have become more complex with the development of industry, the increase in needs and the serialization of production. In parallel with these developments, new contract types and new conditions forming their content have emerged. In order to meet the supply and demand needs of the society, individual contracts have been replaced by standard contracts, the content of which is partially or completely formed by general transaction conditions. General transaction conditions are the contract conditions that are prepared unilaterally in advance to be used in many contracts and are created without negotiating with the other party. With the inclusion of these conditions in the contracts, the consumers, who are the weak side of the contract, have been rendered powerless. For this reason, in our country, general provisions regarding general transaction conditions are regulated between articles 20-25 of the TCO. These conditions in the contracts harm the mutual consent of the parties and the freedom of contract. This causes an imbalance between the parties. In our study, the regulations regarding the general transaction conditions, which have become an indispensable part of our lives, have been tried to be evaluated in the light of the Islamic Law of Obligations.