Master'sOpen Access

Property separate regime theory in Islamic family law

2021
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Advisor: Doç. Dr. Ahmet Özdemir

Abstract (EN)

Today, family institution has become an important problem of the society due to the increase in family problems and its impact on the society. For this reason, tendencies towards family law have increased and family-related studies have started to become important. In the Islamic family law, the property regime is the separate property regime. The separate property regime is a legal concept that states that all the rights and responsibilities arising from the management, use and disposition of the property owned by each of the owners of the property are their own. Although every person has the right to own and save property, these rights and powers are limited in some cases. Although the separate property regime in classical works does not exist conceptually, many issues covered by the separate property regime are discussed under separate headings. In this study, it is tried to determine the theory of separate property regime in Islamic family law by addressing the issue of assets, property, competency and rights, which are the basis of the separate property regime, in the light of classical works. In the first part, assets and property issues are dealt with, solutions are produced for the problems about these themes, and in the second part, the issue of competency and rights are discussed and solutions to the problems are suggested. Keywords; Assets, Property Regime, Separate Property Regime, Property, Competency, Rights.

Author

Dr. Mesut Kement

How to Cite

Mesut Kement (Master Thesis). Property separate regime theory in Islamic family law, 2021, Kastamonu University.

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