THE MEANING FRAMEWORK OF THE CONCEPT OF TEADDÎ IN THE HANEFÎ LAW LAW LITERATURE: A STUDY IN THE CONTEXT OF THE RELATIONSHIP OF TEADDÎ-ILLEGALITY-DEFECT

Name: THE MEANING FRAMEWORK OF THE CONCEPT OF TEADDÎ IN THE HANEFÎ LAW LAW LITERATURE: A STUDY IN THE CONTEXT OF THE RELATIONSHIP OF TEADDÎ-ILLEGALITY-DEFECT
Author: Unal Yerlikaya

Title	THE MEANING FRAMEWORK OF THE CONCEPT OF TEADDÎ IN THE HANEFÎ LAW LAW LITERATURE: A STUDY IN THE CONTEXT OF THE RELATIONSHIP OF TEADDÎ-ILLEGALITY-DEFECT
Author	Unal Yerlikaya
Publication Place	Presidency of Religious Affairs - Presidency of Religious Affairs
Subject	Diyanet scientific journal, 2017-10, Vol.53 (3), p.25-51
Type	Book
Language	ara,tur
Digital	Yes
Manuscript	No
Library:	Leitir Library
Library Asset ID	ISSN: 1300-8498, DOI: 10.61304/did.393588
Record ID	cdi_doaj_primary_oai_doaj_org_article_eff2f7084b624daf9343d9d663e4d562
Library Location	DOAJ Directory of Open Access Journals
Notes	The word taaddi, which has an important place in classical Hanafi legal terminology, is generally understood and conveyed as unlawfulness today. The fact that illegality is an objective element independent of the perpetrator's will towards the action and the use of the word mütaammid (instead of mütaaddî) in the relevant articles of Mecelle regulating the liability of mubashere and tesebbüb raises the question of whether reciprocity can be reduced to illegality. When the relevant parts of the classical Hanafi literature are examined, it is seen that the word taaddi is used to represent behavior that is unlawful and at the same time occurs as a result of the will of the perpetrator (or at least as a result of negligence in the duty of care). In other words, the word teaddi is used in a context that also includes the meaning of teammüd. In fact, the fact that the word müteammid is used instead of müteaddî in Mecelle also supports this determination.
Detaylı Başlık	HANEFÎ BORÇLAR HUKUKU LİTERATÜRÜNDE TEADDÎ KAVRAMININ ANLAM ÇERÇEVESİ: TEADDÎ-HUKUKA AYKIRILIK-KUSUR İLİŞKİSİ BAĞLAMINDA BİR İNCELEME

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THE MEANING FRAMEWORK OF THE CONCEPT OF TEADDÎ IN THE HANEFÎ LAW LAW LITERATURE: A STUDY IN THE CONTEXT OF THE RELATIONSHIP OF TEADDÎ-ILLEGALITY-DEFECT

Author Unal Yerlikaya

Publication Place Presidency of Religious Affairs - Presidency of Religious Affairs

Subject Diyanet scientific journal, 2017-10, Vol.53 (3), p.25-51

Type Book

Language ara,tur

Digital Yes

Manuscript No

Library Leitir Library

Library Asset ID ISSN: 1300-8498, DOI: 10.61304/did.393588

Record ID cdi_doaj_primary_oai_doaj_org_article_eff2f7084b624daf9343d9d663e4d562

Library Location DOAJ Directory of Open Access Journals

Notes The word taaddi, which has an important place in classical Hanafi legal terminology, is generally understood and conveyed as unlawfulness today. The fact that illegality is an objective element independent of the perpetrator's will towards the action and the use of the word mütaammid (instead of mütaaddî) in the relevant articles of Mecelle regulating the liability of mubashere and tesebbüb raises the question of whether reciprocity can be reduced to illegality. When the relevant parts of the classical Hanafi literature are examined, it is seen that the word taaddi is used to represent behavior that is unlawful and at the same time occurs as a result of the will of the perpetrator (or at least as a result of negligence in the duty of care). In other words, the word teaddi is used in a context that also includes the meaning of teammüd. In fact, the fact that the word müteammid is used instead of müteaddî in Mecelle also supports this determination.

Detaylı Başlık HANEFÎ BORÇLAR HUKUKU LİTERATÜRÜNDE TEADDÎ KAVRAMININ ANLAM ÇERÇEVESİ: TEADDÎ-HUKUKA AYKIRILIK-KUSUR İLİŞKİSİ BAĞLAMINDA BİR İNCELEME