Precautionary principle in Islamic law of obligations
2021
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Advisor: Dr. Öğr. Üyesi Zeki Yaka
Abstract (EN)
In this study, the connection between the fulfillment of the rights and responsibilities in many issues in the field of İslamic Law Of Obligations within the framework of the precautionary principle has been discussed. The principle of discretion, which is frequently encountered in many issues where there is doubt and uncertainty, has not been considered as an independent evidence in the Islamic fiqh literature. However, it has been arqued by the scholars of the method that it has a relation ship withsome evidence such as sedd-i zeraysh, isthsan and caliphate, sometimes used instead of them. The fact that it has such an ınportant place, although it is not considered as an independent evidence in the literature, Shows that the discretion has a significant place both in the method and in the branches. The intensive use of prudence in fiqh and its strong connection with some frivolous evidences, as expressed, are frequently encountered in important issues such as debt-debt relations in the field of İslamic law of obligations, contracts, and imagination. In the Islamic law of obligations, which consists of rights and responsibilities in essence, the principle of precaution provides the protection and guarantee of the parties and the protection of the rights, property or lives of both parties, sometimes in matual contracts. As a consequence, the law of obligations, which is dealt with within the scope of İslamic law, has an important place in terms of the intensity of the problems encountered in daily life and being an indispensable element. Therefore, observing the balance recommended by İslam in terms of ensuring publıc order, meeting the needs and ensuring justice for individuals constitutes the basis of the law of obligations. Hence, the functionality of the precaution and how it shold be used in line with the regulations and recommendations of the law of obligations as in many other subject of our subject. Keyworlds: Discretion, Law of Obligations, Constracts, Doubt /Uncertainty, Precaution, Taxpayer
Author
Dr. Mervenur Akçay
How to Cite
Mervenur Akçay (Master Thesis). Precautionary principle in Islamic law of obligations, 2021, Akdeniz University.
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