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İslam hukuku ve pozitif hukukta fakirlik sorununu önlemeye yönelik hükümler / Addressing the problem of poverty in Islamic law and man-made laws: An objective study

2023
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Advisor: Prof. Dr. Ahmet İnanır

Abstract (EN)

This study aimed to address the problem of poverty in Islamic law and man-made laws, and its scope is determined by defining the concept of poverty, its causes and effects, and the legitimate and legal means to address poverty. In order to achieve the objectives of the study, the descriptive approach was followed, in both its inductive and analytical parts, which is required by the study when searching in the books of interpretation, jurisprudence and hadith, and books of law, economics and sociology to clarify the issue, as well as analyzing the scattered information to reach a link between them within a theoretical structure that answers the questions of the study, from The most important results of the study are the following: That poverty is an obsession in societies, and a subject of concern at the individual and societal level, and that it is one of the most serious and complex issues, and that the causes of poverty are many, and they are from the perspective of Sharia: neglecting the obligatory zakat, hoarding money, usury, waste, monopoly, While from the perspective of man-made law, it is represented in the dominance of the capitalist system, ignorance, monetary policy, inequality between urban and rural areas, the existence of conflicts and wars, and that poverty has serious effects on the individual, the family and society. Poor societies give priority to feeding hungry mouths instead of investing the national income in development and investment projects. The state and society remain in a vicious circle from which it is difficult to get out. That is why the Sharia dealt with some practical measures that solve the problem of poverty, including those related to the moral aspect, such as strengthening faith in God Almighty, supplication, and avoiding sins and transgressions. Including what is related to the material aspect, such as diligence, diligence, and striving to seek a livelihood, even if that costs emigration, multiplication in the land, and leaving the homelands, and among them is the obligation to pay zakat regularly in Muslim societies, and urging alms and good deeds to deal with crises, activating the role of the Islamic endowment, and dividing the inheritance according to the specified shares. In Sharia, and the need to deal with legitimate sales instead of forbidden usury and the dire harms that result from it, and the need to pay penances and adhere to the expenses of relatives, and all forms of social solidarity that strengthen the cohesion of the Islamic community, in the man-made laws, incentives must be provided to increase job opportunities, as well as organizing small projects, providing vocational training for the poor, granting loans, tax exemption and judicial aid, as well as eradicating ignorance and illiteracy. The study recommended the necessity of merging between what was decided by the Islamic Sharia and the strategies enacted by man-made laws to address the problem of poverty, provided that the divine rulings supervise the legal means. Keywords: Jurisprudence (fiqh), The Problem of Poverty, Islamic sharia, manmade Law, Solutions.

Author

Dr. Nıyaz Mohammed Rasool

How to Cite

Nıyaz Mohammed Rasool (Master Thesis). İslam hukuku ve pozitif hukukta fakirlik sorununu önlemeye yönelik hükümler / Addressing the problem of poverty in Islamic law and man-made laws: An objective study, 2023, Tokat Gaziosmanpaşa Üniversity.

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