The liability of the employer in islamic law and Turkish law

Although the issue of the liability of the employer has been extensively covered in Turkish law, we could not find a study that covers the examples of different types of contracts in terms of Islamic law and that deals with it with an approach that compares it with modern law. In the studies in Turkish law, the subject has been tried to be conveyed to a very limited extent and generally through Majalla. However, since there is no common opinion in the Islamic legal doctrine on the basic concepts, these explanations based only on Majalla are insufficient and incomplete in various aspects to reflect the Islamic liability law regime. In this study, both the basic concepts of Islamic liability law are given and a theoretical framework is drawn on the subject with its justifications and the employer liability is explained within this theoretical framework. The liability of the employer is first discussed comparatively through the theory of the subject in Islamic law and Turkish law, and then the subject is embodied through the case studies given in the cases where this liability arises.