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The Examination of the according to juristic personality, in the period of our prophet Hz. Muhammed

1999
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Advisor: Yrd. Doç. Dr. Abdullah Özcan

Abstract (EN)

The examination of the instutions, according to juristic personality, in the period of our prophet HZ. Muhammed Nowadays law of juristic personality aldso developped paralelled with development of juristic personality. However date of these advanced juridical regulations related with those are new. There are some instutions these are formed by real people whose are come together to realize a purpose. Any way these instutions may be formed by assigning properties for an aim or public outhority built up these foundations by the help of law. These foundations are accepted as social existence according to bodies. But they are olso regarded as theories by some others. what ever happen legal outhority regarded them as a personality who has outhority and rights to realize their purposes. We have tried to investigate, how the existence which we believe it exist in every time, is regarded and approached to these existence in the point of competency in the time of our prophet ( peace be upon him ) who has brought a new regulation to the world, in the borders of this licence thesis. And we saw that instutions, properties, body and groups have constituted an important place in the structure of society of Mecca in which our prophet ( peace be upon him ) has born, lived and declared his prophecy. Many of these concepts were accepted in Islamic erea too. For example İnstututions like Sikaye Rifade ; Eşnak Sifare Nedve, İfade, Hazinu'1-Mal, whose were related ruling of Mecca and Kabe and anothers like Hilfu'l-Fudul; Hilfu's-Salah, Hilfu's-Mutayyibin whose were civil organizations were formed and their existence and purpose were also approved by public opinion at the same time. XIHowever Throughout devoloped trade life we've encountred with some of capital companies. These were regarded as independent personally by public opinion. We saw that, the state which is built in the period of our prophet's ( peace be upon him medine, is based on written jundicial law. People who belong to different races and religions came together and accepted an agreement which is known as constitution. This agreement has made groups whose constitute the state able to have some rihts and obligations. This agreement also constitute a base for military jundicial fiscal and instutions. Verse of Kur'an and applications of our prophet (peace be upon him) constituted a base for forming instutions like juristic person, especially faundations those made up skeleton of the state as legislation, administration and judgement, and constitution of vakifs. As a resut all of these explanation we uderstood that; There is a tendency or even an application toward to accep the existence of hypothetical person different from real one and approving them as able to have responsibility in our prophet's ( peace be upon him ) time. İt was seen whether in the agreement of medine which is a legal act or resources of law like Kur'an and hadis. XII

Author

Dr. Ahmet İkbal Aydın

How to Cite

Ahmet İkbal Aydın (Master Thesis). The Examination of the according to juristic personality, in the period of our prophet Hz. Muhammed, 1999, Sakarya University.

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