Comparison of tort liability in terms of Islamic law and Turkish law of obligations

A person who lives and exists within the social structure has to establish relationships with other people in order to maintain his life and existence. Since this relationship must comply with the rules set by the legal order, people are granted certain rights and obligations. If people act contrary to these rights and obligations and damage the rights of third parties, legal systems define this action as a tort and accept that as a result, a debt relationship will be established between the person who acts and the person who is exposed to the action. In this respect, both Turkish law of obligations and Islamic law of obligations, which are the subject of our study, accept torts as the source of debt. Turkish law of obligations; debt relationship based on tort; It has been regulated by two classifications: torts based on fault and torts that create debts without seeking fault. It has been accepted that the elements of act, illegality, damage, causality and fault come together to constitute a tort based on fault. Torts that create debts without any fault are regulated on specific topics, each under its own heading, based on the principles of danger, equity and care. In the Islamic law of obligations, Islamic economics forms the basis of the Islamic law of obligations, since the tort is committed against property that has economic value and the compensation for the damage that occurs after the tort is committed has economic consequences.Islamic law of obligations; debt relationship based on tort; It was organized by subjecting it to a double classification as usurpation and extermination. In particular, within the framework of the law of obligations, torts have been dealt with comprehensively and in the elimination section, similar to positive law. He also divided the culling into two groups: mutual culling and accidental culling. Slaughter by force corresponds to the tort based on fault in modern law, and it is accepted that the act will be formed by the combination of unlawfulness, damage, causal link and fault elements. Slaughter by force corresponds to the tort that creates debt without looking for fault in positive law and is specific. In this study, we discussed the concept, elements and types of tort, which are accepted as the source of debt in both systems, and compared them in terms of similarities and differences in terms of the two legal systems.