The effect of illness on judgments in terms of Islamic law
2024
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Advisor: Prof. Dr. Abdullah Çolak
Abstract (EN)
According to Islamic law, Shari's speech regarding the obligated person's actions or the result of this actions is called a provision. The provisions stipulate the offer in terms of asking the taxpayer to do or not to do a behavior or leaving him free to do or not do it; They are divided into two as provisional provisions in terms of establishing a cause, condition, principle or obstacle relationship between the actions of the taxpayer and other things. In addition, the provisions are divided into permanence and license sections, depending on whether they are permanent/essential or temporary. In Islamic law, human beings, who were created as the addressees of God, are made responsible for religious provisions. The main thing for a person is to fulfill his religious responsibilities in a healthy way, but sometimes a person may get sick while he is alive and this illness affects the person's responsibilities. Accordingly, the subject of our thesis has been determined as the Effect of Disease on Rulings in Terms of Islamic Law. Illness, which is one of the competence defects is a state of incapacity that prevents a person from living his normal life, prevents him from performing his prayers and daily activities, and affects the person's physical, spiritual, religious and social activities. There are many factors that cause the disease, as well as many types. When disease is mentioned in fiqh, physiological diseases and mental diseases come to mind in the most general terms. Physiological diseases are divided into two: absolute disease and death disease (marazü'l-mevt). Mental illnesses are divided into two: mental illness (junun) and mental deficiency (ateh). In our thesis, chronic diseases that are closely related to maraz al-mawt are discussed in detail. In Islamic law, illness is one of the important reasons for permission to implement the provisions. Illness affects many issues, especially in worship, transactions, family law and criminal law, and causes the provisions to be facilitated, postponed or canceled. In our thesis, we tried to determine these provisions by comprehensively discussing the effect of the disease on the provisions.
Author
Mehmet Ali Var
How to Cite
Mehmet Ali Var (Doctorate thesis). The effect of illness on judgments in terms of Islamic law, 2024, Hitit University.
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