Validity conditions of a lawsuit in the Islamic law
2020
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Advisor: Dr. Öğr. Üyesi Zeki Yaka
Abstract (EN)
Human being has several natures and characters in terms of its creation.It takes its conceit to the foreground to claim an advantage and repel a disadvantage. Sometimes consedering itself firstly when progressing could cause infringing the rights of another.In some other cases some people can't obtain their rights on themselves even there is not any infringement of rights.So lawsuitsthat eliminate the disagreement between people, commits the rights to its owner and prevents infringements of rights,have been anavoidable. One of the dutys of the states is to solve the disagreements occuring between people through lawsuitsby the agency of law courts using the juridicial power. The Islamic law legitimates the application of lawsuits to provide the order in the society and solve the disagreements between the people.As well as all judicial systems have the Islamic law has also its methods and conditions. In order to get the justice be revealed and the rights to be given to its owner it is very important to follow the rules. This study sustains the title "Conditions of lawsuits in the Islamic law". In this study we aimed on the determination of the conditions of the lawsuits in the methods of the Islamic law judgement. In the first part we tried to bring up the place of the Judgement law in the Islamic law, the definitions of terms related to lawsuits, their natures and evidence ways. In the second part we tried to bring up the lawsuit conditions in the Islamic law judgement method. We also tried to make a comparison by putting forth the matters existing in the modern law and there different aspects about lawsuit conditions. Key Words: Plaintiff, Defendant, Complaint, Lawsuit, Judgement Method, Judgement, Judgement Law, Condition
Author
Dr. Muhammed Selim Tokoğlu
How to Cite
Muhammed Selim Tokoğlu (Master Thesis). Validity conditions of a lawsuit in the Islamic law, 2020, Akdeniz University.
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