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İslam hukuku'nda depreme dair hükümler (karşılaştırmalı islam hukuku çalışması)

2025
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Advisor: Dr. Öğr. Üyesi Osman Saitoğlu

Abstract (EN)

This dissertation presents an extensive jurisprudential study on the Islamic legal rulings concerning the calamity of earthquakes, within the framework of Maqāṣid al-Sharīʿah (higher objectives of Islamic law) and established jurisprudential principles. The research begins with a preliminary discussion defining earthquakes linguistically, jurisprudentially, and scientifically, and situates them within the divine context of trials and tests. It then explores the associated rulings which span across the five essential necessities that Islam seeks to preserve: religion, life, intellect, lineage, and wealth. This work was undertaken to fill a scholarly and practical gap resulting from the absence of a comprehensive legal treatise on earthquake-related rulings, despite the recurring nature of such disasters and the increasing need of both laypersons and jurists for relevant fatwas. The diversity of contemporary cases that emerge with each earthquake—varying in scale, time, location, and circumstances-necessitates such a study. The research employs an inductive methodology to collect and analyze relevant rulings from various chapters of Islamic jurisprudence, a comparative approach among the four major schools of thought, and a deductive-analytical method that focuses on understanding legal causality and objectives. The dissertation comprises an introduction, a theoretical framework, and four main chapters. The first chapter defines key concepts and legal maxims relevant to earthquakes; the second addresses rulings on worship under earthquake conditions; the third explores financial transactions; and the fourth covers miscellaneous issues such as inheritance, criminal liability, rescue operations, and dietary concerns. The aim of this study is to demonstrate the comprehensiveness, flexibility, and depth of Islamic jurisprudence, and to systematically apply legal rulings to contemporary realities. It seeks to aid scholars, muftis, and concerned individuals during such emergencies and to affirm the capacity of Islamic law to address emerging situations through a balanced, comparative legal framework. Keywords: Islamic Jurisprudence, Necessity, Pandemics, Disasters, Earthquakes, Relief, Liability.

Author

Dr. İslam Çerkezoğlu

How to Cite

İslam Çerkezoğlu (Doctorate thesis). İslam hukuku'nda depreme dair hükümler (karşılaştırmalı islam hukuku çalışması), 2025, Yalova University.

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