Reasons preventing revocation of grant in Islamic law (Ottoman practice)

Name: Reasons preventing revocation of grant in Islamic law (Ottoman practice)
Author: Koç,Mehmet, Aytekin,Mehmet Ali, Asar,Muhammet Ali

Title	Reasons preventing revocation of grant in Islamic law (Ottoman practice)
Author	Koç,Mehmet, Aytekin,Mehmet Ali, Asar,Muhammet Ali
Publication Place	Çankırı Karatekin University - Çankırı Karatekin University
Subject	Islamic law
Type	Book
Language	ara,tur
Digital	Yes
Manuscript	No
Library:	Leitir Library
Library Asset ID	EISSN: 2792-0755
Record ID	cdi_doaj_primary_oai_doaj_org_article_8fa1199bc18f4702bb6c8b92ee61ad87
Library Location	DOAJ Directory of Open Access Journals
Notes	In Islamic law, there are detailed provisions regarding the issue of donation, which is a manifestation of the philanthropy inherent in human beings. Sects have different ijtihads regarding the establishment and validity conditions of a grant contract, which is defined as the immediate transfer of a property to someone else without any consideration, whether recourse is possible from the grant, and if recourse is possible, to whom and under what conditions the grant can be revoked. Hanafis emphasize the donation aspect of the grant contract and think that the donor still has the authority to dispose of that property as long as he does not receive any compensation. Therefore, according to them, a person can legally renege on his grant even if it is not morally appropriate. However, seven situations also prevent the return from the completed grant among Hanafis. Cumhur, on the other hand, compares the grant contract to the sale contract and believes that it is a binding contract. Therefore, they are of the opinion that it is not legally permissible to revoke gifts other than those made by the father and, in some cases, the mother to her child. The Hanafi sect was accepted as the official sect in the Ottoman Empire and court decisions were taken accordingly. In this study, based on the fatwas and court decisions of the Ottoman period, it was tried to determine whether the ijtihads of the Hanafi sect were followed on the issue of revocation of the grant. As a result, it was determined that the views of the Hanafi sect were applied in the fatwas and court decisions examined specifically in the Ottoman period regarding the issue of revocation of the grant. It is hoped that our study will make a modest contribution to the history of Islamic and Ottoman law, specifically on the issue of revocation of grant.
Detaylı Başlık	İslam hukukunda hibeden dönmeyi engelleyen sebepler (Osmanlı uygulaması)

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Reasons preventing revocation of grant in Islamic law (Ottoman practice)

Author Koç,Mehmet, Aytekin,Mehmet Ali, Asar,Muhammet Ali

Publication Place Çankırı Karatekin University - Çankırı Karatekin University

Subject Islamic law

Type Book

Language ara,tur

Digital Yes

Manuscript No

Library Leitir Library

Library Asset ID EISSN: 2792-0755

Record ID cdi_doaj_primary_oai_doaj_org_article_8fa1199bc18f4702bb6c8b92ee61ad87

Library Location DOAJ Directory of Open Access Journals

Notes In Islamic law, there are detailed provisions regarding the issue of donation, which is a manifestation of the philanthropy inherent in human beings. Sects have different ijtihads regarding the establishment and validity conditions of a grant contract, which is defined as the immediate transfer of a property to someone else without any consideration, whether recourse is possible from the grant, and if recourse is possible, to whom and under what conditions the grant can be revoked. Hanafis emphasize the donation aspect of the grant contract and think that the donor still has the authority to dispose of that property as long as he does not receive any compensation. Therefore, according to them, a person can legally renege on his grant even if it is not morally appropriate. However, seven situations also prevent the return from the completed grant among Hanafis. Cumhur, on the other hand, compares the grant contract to the sale contract and believes that it is a binding contract. Therefore, they are of the opinion that it is not legally permissible to revoke gifts other than those made by the father and, in some cases, the mother to her child. The Hanafi sect was accepted as the official sect in the Ottoman Empire and court decisions were taken accordingly. In this study, based on the fatwas and court decisions of the Ottoman period, it was tried to determine whether the ijtihads of the Hanafi sect were followed on the issue of revocation of the grant. As a result, it was determined that the views of the Hanafi sect were applied in the fatwas and court decisions examined specifically in the Ottoman period regarding the issue of revocation of the grant. It is hoped that our study will make a modest contribution to the history of Islamic and Ottoman law, specifically on the issue of revocation of grant.

Detaylı Başlık İslam hukukunda hibeden dönmeyi engelleyen sebepler (Osmanlı uygulaması)