Author
Abdulbasit Saltekin
Publication Place
Presidency of Religious Affairs -
Presidency of Religious Affairs
Subject
Diyanet scientific journal, 2020-09, Vol.56 (3), p.981-998
Type
Book
Language
ara,tur
Digital
Yes
Manuscript
No
Library
Leitir Library
Library Asset ID
ISSN: 1300-8498, DOI: 10.61304/did.768311
Record ID
cdi_doaj_primary_oai_doaj_org_article_42e1e0854975487f92f9b94d05e9b10c
Library Location
DOAJ Directory of Open Access Journals
Notes
Investigating the possibilities of Islamic financial transaction law is important for researchers working in the field. Although many studies have been done on the theory of contract, it is the nature and structure of the contract that determines; We are of the opinion that not enough studies have been done on the theory of conditions that impose rights and responsibilities on the parties, and that different studies should be done on the theory of conditions due to the importance of the subject. It is seen that two different perspectives are dominant in understanding the theory of conditions in Islamic financial transaction law. It is important at this point to reveal the approaches of Ibn Hazm and Ibn Taymiyya, who represent two opposing lines on this issue. According to the line represented by Ibn Hazm, any condition that is essential and does not have religious evidence of its validity is not accepted as legitimate. According to Ibn Taymiyyah, a representative of the opposite line, all conditions mentioned in the contract are considered valid as long as there is no prohibitory provision. In our study, we will first outline the conditional theory of other sects that we can place between these two extremes, and then examine the approaches of Ibn Hazm and Ibn Taymiyya in detail.
Detaylı Başlık
İSLÂM HUKUKUNDA ŞART NAZARİYESİNE FARKLI YAKLAŞIM: İBN HAZM (Ö. 456/1064) VE İBN TEYMİYYE (Ö. 728/1328) ÖRNEĞİ
