Hanafī rescission theory (On the base of Obligations Law)

The aim of this study, titled "Hanafī Rescission Theory (On The Base of Obligations Law)", is systematically bring together the scattered provisions regarding the rescission (faskh) of contracts in the Hanafī fiqh literature, to create a holistic rescission theory that reveals the nature and legal consequences of rescission, determines its reasons, limits and types, and has general principles and rules that can be used as a criterion in the field of Islamic obligations law. The scope of the study is limited to obligations law in order to determine general principles regarding rescission based on the similarities between the contracts. Although financial contracts and marriage contracts have common features, they are different in many respects, making it difficult to study the rescission issue in a way that reveals a common theory in the field of transaction. In addition, in order to reflect the classical view, the subject has been dealt with in the Hanafī school. Because the approach of the schools to the issue of contract and the provisions they give on this matter become meaningful when their internal consistency is taken into account. In this point, the reason why the Hanafī school is preferred is that they differ from other schools in the classification of contracts and distinguish between corruption (fasād) and nullity (buṭlān) in the field of financial transactions. In this study, which is based on the theorising design, which is one of the qualitative research designs, the document review method was used as the data collection method. In the interpretation of the data, inductive analysis was preferred. The data collected from fiqh materials were passed through the stages of description, classification and association, and it was tried to determine the general principles and rules about rescission. Although the otherworldly dimension of the issue is fixed, it has been seen that the rescission of the contracts is generally judicial. There is an approach that mostly considers the consent (riḍā) of people and their protection from damage (ḍarār), provided that the general principles set forth regarding the contracts are followed. It is aimed to prevent disputes that may arise between the parties, although an area of freedom is given to the parties, the discretion of the judge is activated in cases that are likely to lead to strife (nizāʿ). As a result, legal arrengments were made to ensure legal stability and the will of individuals was observed as much as possible. Keywords: Islamic Obligations Law, Contract, Rescission, Corruption, Hanafī school