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The effect of custom on rights of option in Islamic obligations law

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2023
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Abstract (EN)

It is known that the Prophet took into account the customs and traditions of the society he lived in, accepted the customs that facilitate individual and social life, ensure integrity, and regulate transactions, or left them in practice by improving their conditions. His method was followed in the eras after the Prophet as well, and since the era of the companions, the mujtahids have made ijtihad by considering the conditions of the society they live in. This situation necessitated them to oppose their predecessors in some cases, and sometimes by those who came after them to oppose them. In terms of the realization of the purpose of the provision, this change in the customary provisions has been efffective in providing the dynamisim in Islamic Law. Rights of option are rights that have their origins in ancient times, sometimes arising from the law, and sometimes arising from the assertion of the parties. In the acceptance of the rights of options with Islam, it is understood that the custom of the society was given importance from the way dealt the issue the Prophet and the mujtahids in the periods after him. There is a lot of research on the concepts of rights of option and custom. However, there is no research on the common point of rights of option and custom. For this reason, there was a need to examine the effect of custom on rights of option in depth. Key Words: Right of option, customs, Islamic law, law of obligations.

Author

Sümeyra Merve Eren

How to Cite

Sümeyra Merve Eren (Master Thesis). The effect of custom on rights of option in Islamic obligations law, 2023, İstanbul 29 MayIs University.

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