The right of intifâ in Turkish civil law and comparative analysis wi̇th Islamic property law

Property Law is a legal discipline that examines the rights arising from a person's relationship with an object. Its main focus is on the ayni rights, which refer to an individual's rights over property. Ayni rights are divided into two main categories based on the power and nature of the possessed right: ownership rights and limited real rights. Limited real rights are generally divided into two subcategories: those recognizing sole ownership and those recognizing only beneficial ownership. The right recognizing only beneficial ownership is commonly referred to as the right of intifâ. The right of intifâ emerges as a limited real right that grants the owner of a property the broadest powers following ownership rights. This right enables the property owner to enjoy the interests derived from the property's use. While the right of intifâ limits the full ownership rights of the owner, it can be exercised for a specific period or a specific purpose. This study aims to evaluate the legal nature of the right of intifâ and the powers it provides in Islamic law and Turkish civil law by considering various perspectives. The evaluation involves a comparison between the two legal systems, examining the similarities and differences. The analysis includes discussions on how the right of intifâ is interpreted in Islamic law, its relationship with ownership rights, and its limitations. Additionally, the definition, scope, and use of the right of intifâ in civil law are taken into account. Through this approach, a comprehensive understanding of the legal nature and powers provided by the right of intifâ in both legal systems is achieved.