Assessment of default of debitor comparatively in Islamic and Turkish Laws

A life discrete from debt relations, which is a subject of Law of Obligations cannot maintain its existence. In terms of Islamic Law, "Fulfilment of Debts" is handled principally and this principle is imposed in the Holy Quran which is the first and main source of Muslims with such a divine declaration as "O ye who believe! Fulfil (all) obligations" (5:1). Starting point is formed in Islamic jurisprudence with a Hadith which makes Halal and essential that government can punish the debtor by authorised compulsory execution in case the debtor insists on not fulfilling his debt even though he can afford. While forcing the debtor to fulfil his debt by the authorities is an aspect of question, the damage given to demander is the other aspect of the question of law. In case of default of debtor which is a special type of slowness in payment in terms of Islamic Law, it is dwelled on providing capital, legal possibility for indemnifying the loss of demander, and penalties that can be imposed. When handling with all abovementioned topics, it is encountered with usury. The other aspect of this study is to determine default of debtor comparing with Turkish Law. Default of debtor, which is issued between the Turkish Law of Obligations (TBK), a. 117-126, is a special type of improper action against debt. According to Law of Obligations, the legal obligations of default consist of Maturity and caution. These two obligations are determined legally yet not limited with only these obligations. Also, the other obligations of the default of debt are possibility of the fulfilling and attending of the creditor to accepting the fulfilment. Data of the subject gathered through subsidiary sources was evaluated with document analysis method comparing with Turkish Law. The study is issued in three sections. In the first section, it is emphasised on conceptual analysis, only the subjects on default were determined in terms of Turkish and Islamic Laws compared with their results in the second section, and finally in the third section it is focused on the other results based on slowness in payment. Keywords Law of Obligations, Islamic Law, Default of Debtor, Mature Debt, Usury, Contract.