The effect of types of goods on legal transactions in Islamic law

The nature of the concept of goods, which is one of the basic terms of Islamic debt and property law, and whether the concepts of interest and dayn related to this concept can be evaluated within the scope of goods have been among the main debates among Islamic law sects. The nature of the concept of goods in the sources, the relationship between goods-benefits and goods-dayn; Although there is sufficient information about the types of goods and the legal transactions related to these distinctions, these should be presented to Turkish lawyers collectively. Because of the unique systematic of Islamic law, it is not possible to find the concept of goods and types of goods under a single heading. When the studies conducted by today's Islamic jurists on the aforementioned problems are examined, it is not possible to observe the richness seen in Arabic sources in studies written in Turkish. Throughout the study, in general, especially in the first part, the sources of fiqh and method belonging to the Hanafi sect were examined. In addition to these sources, articles, theses and books written in both Arabic and Turkish - both in the Ottoman period and in the later periods - were searched. In particular, the relevant regulations of Majallaa and Murshidu'l-hayraan were compared. From time to time, examples of fatwas and court decisions are mentioned for the practical response of some issues. As a result, it has been concluded that the concept of goods consists of material/corporeal and economic elements, and accordingly, benefit and dayn cannot be considered as goods. After it has been determined that the concept of goods is something that has economic value, that is, something that has tangible / tangible assets, the types of goods are grouped under three main headings, and these headings are listed from general to specific as having legal value, availability in the market without any difference in value, and transportability.