Ijarah contract in Majalla

Our study consists of an introduction and three chapters. In the introduction, the subject of our thesis is discussed, and information is given about the purpose, importance and method of processing the subject. In addition, the sources utilized in the thesis and the ways of utilizing these sources are explained. In the introduction, information about the subjects of Mecelle and Ijāra, which constitute the two elements of the title of our thesis, is also presented. In the first chapter, the provisions on the nature of the Ijāra contract in the Mecelle are mentioned, and the definition and legal nature of the Ijāra contract, the types of the Ijāra contract, its rukuns, its establishment and its conditions of validity are discussed on the basis of its form in the Mecelle. In the second part, the provisions regarding the functioning of the ijāra contract in the Mecelle are mentioned. In this section, the issues of remuneration, duration, mutayyerlik and compensation in the ijāra contract, which are related to the functioning of the ijāra contract in the Mecelle, are discussed. In this section, the types of the leased thing and the duties and powers of the lessee and the lessor after the ijārah contract are mentioned, and the issues of termination and nullity of the ijārah contract are also included. At the end of this section, the issue of labor contract in the contract of ijārah is discussed. In the third part, the subject of "Ijāre Contract in terms of Application" was discussed and examples related to the application of the Ijāre contract section of the Mecelle were touched upon. The courts where Mecelle was applied in the Ottoman Empire and the examples of the application of the ijāre contract section of Mecelle in these courts were mentioned, and the examples of Mecelle ijāre contract applications in the journal called Cerîde-i Mehâkim, in which the laws in the courts in the Ottoman state were compiled, were mentioned. In this section, examples are given under the headings of the effect of Mecelle on the laws prepared after Mecelle on the laws prepared after Mecelle, the effect of Mecelle on the laws of Muslim states in the example of icare and the effect of Mecelle on the provisions of icare in the Turkish civil code. This chapter is important in terms of understanding the implementation of the Mecelle and its influence on the subsequent laws.