Author
GÜRBÜZ, Mehmet, ERDEM, Mehmet
Publication Place
Firat University -
Firat University
Subject
Pensions, Public interest
Type
Book
Language
ara,tur
Digital
Yes
Manuscript
No
Library
Leitir Library
Library Asset ID
ISSN: 1304-639X, EISSN: 2791-951X, DOI: 10.58568/firatilahiyat.1171124
Record ID
cdi_doaj_primary_oai_doaj_org_article_0ca780da9eb44861a51a807bd9f08195
Library Location
DOAJ Directory of Open Access Journals
Notes
One of the most important problems regarding foundation transactions in Islamic foundation law is the trustee and his dispositions. The subject of this research is the financial savings of the trustee as the person who manages the foundation. Its purpose is to determine his dispositions that are subject to compensation and those that are not. Fiqh provisions regarding the financial management of the foundation have been determined based on works of fiqh and fatwa. Trustee; He is in the position of guardian in relation to the competition of the foundation, in the position of trustee in relation to the foundation or the beneficiaries of the foundation, and in the position of depositor and trustee in relation to the galle of the foundation. The fact that being a trustee does not include ownership and compensation requires that the relevant savings should not be subject to compensation in the first place. Since foundation assets are considered as orphans' property, care was taken to ensure that the trustees were appointed by people who were trustworthy, pious and honest. The trustee's dispositions are shaped in accordance with the conditions of the foundation, Sharia principles and the measure of ma'ruf. It is stated in the records that these dispositions are not intentional, faulty or additive and do not result in compensation as long as they comply with the principles of trust. Does not comply with the trustee's trust principles; Dispositions such as non-compliance with the terms of the foundation charter, expenditures on the decoration of the foundation and exceeding the necessary amount result in compensation. It has been observed that situations such as sale, despotism, neglect of the foundation's soup kitchen, which harm the foundation's competition, result in dismissal from the trusteeship. Issues regarding dispositions regarding the foundation's rakabe, dismissal from tevliyet, icare-i tavîle and despotism are generally within the authority of the Islamic judge. “Velâyet-i şassa is velâyet-i 'ammeden akva”, in which the trustee's authority to dispose of foundation properties has priority over the judge. It is expressed by the rule. One of the most important issues in Islamic foundations law regarding foundation operations is the trustee and their dispositions. The present study discusses the financial dispositions of the trustee as the administrator of the foundation. Its purpose is to determine their dispositions that are/are not subject to compensation. Jurisprudential commandments regarding the financial management of trusts were detected based on works in the type of fiqh and fatwa. The trustee holds the position of guardian with respect to the ownership of the foundation, deputy with respect to the foundation or its beneficiaries, and entrusted and depository with respect to the income of the foundation. The fact that being a trustee does not involve ownership and compensation necessitates that the related dispositions are not primarily subjected to compensation. Since foundation assets are considered orphans' property, attention is paid to designate a trustworthy, pious, and dependable trustee. The trustee's disposition is governed by the conditions of the foundation, the Shari'a, and the judicial measure. The records state that these dispositions do not require compensationas long as they are not purposefully erroneous or involuntary and comply with the standards of commitment. Compensation is due to dispositions of the trustee, such as noncompliance with the principles of commitment, infringement of the conditions of the trust, excessive expenditures, and expenses on the foundation's decoration. It was observed that cases such as sale and trade processes harming the ownership of the trust as well as neglecting the mission of the trustresulted in dismissal from trusteeship. Issues such as dispositions towards the ownership of the trust, dismissal from entailment, long-term lease contracts and trade are generally under the authority of Islamic judges. It is stated with the rule “Trusteeship is stronger than state authority” that the trustee has priority compared to the judge in terms of dispositional authority on foundation properties.
Detaylı Başlık
İSLÂM VAKIFLAR HUKUKUNDA MÜTEVELLÎ’NİN MALİ TASARRUFLARI
