Revenue enti̇tlement in zurri̇ waqfs accordi̇ng to turki̇sh ci̇vi̇l law

With the enactment of the Turkish Civil Code No. 743, foundations established before and after this law became subject to different legal regulations. Foundations established after its enactment are termed new foundations, initially governed by Law No. 743 and later by the Turkish Civil Code No. 4721 and the Law on Foundations No. 5737. Foundations established before Law No. 743 are known as old foundations. Initially, they were subject to the Law on Foundations No. 2762 and later to the Law on Foundations No. 5737. These old foundations transitioned from the Islamic/Ottoman legal system to the Turkish legal framework. Zurri foundations fall within this category and are classified as either mazbut or mülhak under Law No. 5737. In zurri foundations, the income (galle) from foundation assets is allocated to certain individuals related to the endower by blood. However, benefiting from this income under Turkish law requires filing a lawsuit. This lawsuit, commonly called the determination of the sonship of the waqf entitled to the income, is termed in our study as the ownership lawsuit for the right to the income. Our study first examines the legal structure of zurri foundations, analyzing their concept, legal nature, establishment, and elements based on Islamic law, which originally governed them. The second focus is on waqf income and the conditions for its utilization under Turkish law. Here, the criteria for benefiting from the waqf's income and the legal interpretation of the waqf are evaluated. Finally, the study examines the right of ownership over waqf income. This includes an analysis of its legal nature, subject matter, parties, evidence, merits,vii judgment, and legal outcomes. Through this, the study aims to provide a comprehensive understanding of zurri foundations and related legal proceedings.